Abhijeet Shankarao Rode And ANR v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1450 OF 2025 Mr. Abhijeet Shankarao Rode And Anr.

...Applicants

Versus

The State of Maharashtra And Anr.

...Respondents

__________ Mr. Sanmay Pawar, learned Advocate for the Applicants. Applicants are present in the Court.

Ms. Pallavi N. Dabholkar, learned A.P.P. for the State/Respondent. Mr. Aditya Rai, learned Advocate for Respondent No. 2. Respondent No. 2 is present in the Court.

__________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

23rd JANUARY 2026.

P.C. :

1.

Heard Mr. Sanmay Pawar, learned Advocate for the Applicants, Ms. Pallavi Dabholkar, learned A.P.P. for the State/Respondent and Mr. Aditya Rai, learned Advocate for Respondent No. 2.

2.

By the present Criminal Application filed under Section 482 of the Code of Criminal Procedure, 1973, the Applicants are seeking for quashing of the First Information Report bearing no. 73 of 2019 dated 18.01.2019 registered with Chaturshrungi Police Station, District-Pune City for the offence punishable under Sections 354-A, 509, 323, 504 & 506 read with 34 of the Indian Penal Code, 1860 and the charge-sheet bearing Regular Criminal

Case No. 834 of 2019 instituted before the Judicial Magistrate First Class, Shivaji Nagar, Pune, arising out of the said FIR. 3.

Applicants are present in the Court along with their Advocate Mr. Sanmay Pawar. Mr. Sanmay Pawar, learned Advocate submits that the matter is amicably resolved between the parties. Mr. Aditya Rai and Mr. Sanmay Pawar jointly submit that the dispute being settled between the Applicants and Respondent No. 2, no purpose would be served in continuing the criminal proceedings and the same be quashed.

4.

Respondent No. 2 is present in the Court along with her Advocate Mr. Aditya Rai. He on instructions from Respondent No. 2 states that Respondent No. 2 does not intend to pursue/prosecute the criminal proceedings filed at her instance and therefore, she has given No Objection for quashing of the criminal proceedings. Respondent No. 2 tenders her Consent Affidavit dated 23.01.2026 affirmed before the Registry of this Court. Said Affidavit dated 23.01.2026 is taken on record and marked as "X" for identification. Respondent No. 2 states that the Affidavit (X) has been filed by her out of her own free will and without any pressure or coercion from any person. She states that the contents of paragraph Nos. 1 to 7 of the Affidavit dated 23.01.2026 are as per her say. She reiterates her No Objection for quashing of the impugned FIR and subsequent criminal proceedings.

5.

Ms. Pallavi Dabholkar, learned A.P.P. for the State/Respondent states that no purpose would be served by continuing with the criminal proceedings in view of the statement made by Respondent

No. 2, who is present in the Court and her statements in the Affidavit dated 23.01.2026 (X). She therefore submits that the impugned FIR and the criminal proceedings can be quashed. She however insist for imposition of cost on the parties. 6.

Mr. Sanmay Pawar on instructions from the Applicants, who are present in the Court, state that an amount of Rs. 25,000/- would be paid as costs.

7.

Considering the facts as placed before me, the nature of dispute, the settlement arrived between the parties, the statements made on oath by Respondent No. 2 (Affidavit at X) and guided by the decision of the Hon'ble Supreme Court in the case of Parbatbhai Aahir Alias Parbatbhai Bhimsinbhai Karmur and Others Vs. State of Gujarat and Anr.1, to secure ends of justice I deem it fit and proper to exercise powers under Section 528 of the BNSS to quash the criminal proceedings.

8.

Criminal Application is therefore allowed in terms of prayer clause (a) subject to payment of cost of Rs. 25,000/-. Consequently First Information Report No. 73 of 2019 dated 18.01.2019 registered with Chaturshrungi Police Station, District-Pune City for the offence punishable under Sections 354-A, 509, 323, 504 & 506 read with 34 of the Indian Penal Code, 1860 and the charge-sheet bearing Regular Criminal Case No. 834 of 2019 pending before the Judicial Magistrate First Class, Shivaji Nagar, Pune, arising out of the said FIR, are quashed. Criminal proceedings against the Applicants arising out of the said FIR and charge-sheet are closed. (2017) 9 SCC 641.

9.

Applicants shall deposit cost of Rs. 25,000/- in the below mentioned account, on or before 06.02.2026 and furnish proof of deposit before the Registry of this Court :- Bank Name :

Axis Bank Limited Branch Name :

Worli, Mumbai (M.H.), Mumbai-400 Account Name :

Central Police Welfare Fund, Director General MS, Mumbai Account Number :

914010029005759 IFSC Code : UTIB0000060 10.

Criminal Application No. 1450 of 2025 is disposed of in the above said terms.

[ASHWIN D. BHOBE, J.] GITALAXMI KRISHNA KOTAWADEKAR GITALAXMI KRISHNA KOTAWADEKAR Date: 2026.02.03 19:45:00 +0530