Satish Baban Ghode v. The State Of Maharashtran And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1273 OF 2025 Satish Baban Ghode ] .. Applicant
Versus
1. The State of Maharashtra, ] Through Khadak Police Station, Pune ]
2. XYZ (The First Informant) ] .. Respondents Mr. Shailesh Kharat, Advocate for the Applicant. Mrs. M.M. Deshmukh, In-Charge Public Prosecutor for Respondent No.1.
Mr. Vinod Subhash Kendre, Advocate for Respondent No.2. CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.
DATE : 18TH NOVEMBER 2025.
PER, GAUTAM A. ANKHAD, J.
This Criminal Application is filed under section 528 of the Bhartiya Nyaya Sanhita, 2023 seeking following relief: "a.
This Hon'ble Court may please to quash the RCC No.843 of 2025 pending on the files of Ld. JMFC, Pune and also may please to quash FIR No.465 of 2024 registered with the Khadak Police Station for offences under sections 67 and 69 of BNS and the further proceedings arising out of it on such terms and conditions this Hon'ble Court may deem fit and proper."
2.
An FIR bearing No.465 of 2024 was registered with the Khadak Police Station, Pune at the instance of the respondent no.2 for offences punishable under sections 67 and 69 of the Bhratiya Nyaya Sanhita, 2023. Pursuant to the said FIR, proceedings bearing RCC No.843 of 2025 are pending before the learned Judicial Magistrate First Class, Pune. 1/2 24-APL-1273-2025-Corrected Order as per Speaking to the Minutes Order dt. 17-12-2025.doc Dixit
3.
Mr Kendre, the learned counsel for the respondent no.2 has tendered an affidavit dated 18th November 2022 which records that the FIR was filed due to certain misunderstandings between the parties, and the respondent no.2 now has no objection to its quashing. The said affidavit is taken on record and marked "X" for identification. The parties have tendered their handwritten appearance which is taken on record and the same shall form part of the proceedings.
The Hon'ble Supreme Court in "Madhukar v. State of Maharashtra", 2025 SCC OnLine SC 1415 while dealing with an FIR under section 376 of the Indian Penal Code, 1860 has held that while ordinarily, quashing of proceedings involving such offences on the ground of settlement between the parties is discouraged and should not be permitted lightly, the inherent powers of the Court to secure the ends of justice is not constrained by a rigid formula and must be exercised with reference to the facts of each case. The parties have amicably resolved their differences and now are living together peacefully after getting married. In such circumstances, the continuation of the trial would not serve any fruitful purpose. Thus, Criminal Application No.1273 of 2025 is allowed in terms of prayer clause (a).
[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] Digitally signed by SNEHA ABHAY DIXIT Date:
2025.12.20 18:35:16 +0530 2/2 24-APL-1273-2025-Corrected Order as per Speaking to the Minutes Order dt. 17-12-2025.doc Dixit SNEHA ABHAY DIXIT