Vinayak Anant Bhoir v. State Of Maharashtra And ANR

by LAXMIKANT GOPAL CHANDAN Date:

2026.02.18 18:24:34 +0530 LAXMIKANT GOPAL CHANDAN lgc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1695 OF 2025 Vinayak Anant Bhoir : Applicant

Versus

The State of Maharashtra and anr.

: Respondents.

______________________________________________________ Mr. Anil S Patel, for the Applicant.

Ms. Pallavi N Dabholkar, APP for the Respondent/State. Ms Mudra Baadkar, for Respondent No.2.

______________________________________________________ CORAM : ASHWIN D. BHOBE, J.

DATED : 17 FEBRUARY 2026 PC:- 1.

Heard Mr. Anil S Patel, learned Advocate for the Applicant, Ms Pallavi N Dabholkar, learned APP for the Respondent/State and Ms Mudra Baadkar, learned Advocate for Respondent No.2.

2.

This Application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 is preferred by the Applicant for quashing the FIR bearing No.0825 of 2024 dated 19.05.24 registered with the Ambernath Police Station (FIR No.0449 of 2024 dated 18 May 2024 initially registered with L. T. Marg Police Station) for the offences punishable under Section 376, 377, 504 and 506 of the Indian Penal Code and the

Chargesheet registered as Special Case/Sessions Case No.285 of 2024, pending before the Court of the 6th Additional Sessions Judge, Kalyan.

3.

Applicant is present in the Court and is identified by his Advocate Mr. Anil S Patel. He tenders the Photostat copy of the Identity Card of the Applicant, which is taken on record and marked as "X" for identification.

4.

Respondent No.2 is present the Court and is identified by her Advocate Ms Mudra Baadkar. She tenders Photostat copy of Identity Card of Respondent No.2, which is taken on record and marked as "X-1" for identification. 5.

Mr. Anil Patel and Ms.Mudra Baadkar submit that the Applicant and the Respondent No.2 after clarifying the misunderstanding amongst themselves got married on 29 May 2024 at Shriram Mandir, Nirmal Nagar, Khar (East), Mumbai. They submit that out of the wedlock, the Applicant and the Respondent No.2 are blessed with a baby boy who was born on 12 September 2025. They submit that the Applicant and the Respondent No.2 along with their minor child are happily staying together. They submit that in view of the said fact, the Respondent No.2 has no objection for quashing of the criminal proceedings initiated on the basis of her complaint. 6.

Ms Mudra Baadkar, learned Advocate for the Applicants states that the Affidavit dated 16 February 2026 affirmed by Respondent No.2 before the Notary Jagdish Tryambakrao

Dongardive is placed on record, same is marked as "X-2" for identification.

7.

Respondent No. 2 states that the said Affidavit (X-2) is filed out of her own free will and without any pressure or coercion from any person. She states that the contents of the Affidavit (X-2) are as per her say. She reiterates her no objection for quashing of the criminal proceedings. 8.

Ms Pallavi Dabholkar, learned APP for the Respondent/State submits that the Applicant and the Respondent No.2 having reconciled their differences and having married with each other, this would be a fit case for quashing the criminal proceedings. She submits that the criminal proceedings can be quashed on the basis of the statement made by the Respondent No.2 in the Affidavit (X2). 9.

Considering the aforesaid circumstances, that the Applicant and the Respondent No.2 having reconciled their differences, got married and are staying together along their minor child, the statements made by the Respondent No.2 in the Affidavit (X-2), and having regards to the pronouncements of the Hon'ble Supreme Court in the case of Gian Singh vs State Of Punjab1, Narinder Singh And Ors vs State Of Punjab And Anr2 and Parbatbhai Aahir @ Parbatbhai vs The State Of Gujarat3, Sandeep Singh Thakur vs. The State of Madhya 2012 10 SCC 303 2014 6 SCC 466 2017 9 SCC 641

Pradesh and anr.4, there is no impediment in allowing this Application.

10.

In view of above, this Criminal Application is allowed in terms of prayer clause (b). Consequently, the impugned FIR bearing No.825 of 2024 dated 19 May 2024 registered with Ambarnath Police Station (FIR No.0449 of 2024 dated 18 May 2024 initially registered with L. T. Marg Police Station), the Chargesheet registered as Special Case/Sessions Case No.285 of 2024, arising out of the impugned FIR, pending before the Court of the 6th Additional Sessions Judge, Kalyan and the criminal proceedings commenced on the basis of impugned FIR are quashed.

11.

This Criminal Application is allowed in the above-said terms.

(ASHWIN D. BHOBE, J.) 2025 SCC OnLine 2927