Vishal Laxman Bhole v. The State Of Maharashtra And ANR

by LAXMIKANT GOPAL CHANDAN Date:

2026.02.10 19:35:16 +0530 LAXMIKANT GOPAL CHANDAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.547 OF 2026 Vishal Laxman Bhole : Petitioner.

Versus

The State of Maharashtra and anr.

: Respondents.

------ Mr. Vipul Dushing a/w Mr. Govind Munde and Mr. Ashraf Kazi i/by Mr. Saurabh Jaybhay, Mr. Ajay Gavali and Mr. Sangaram Jadhav for the Petitioner.

Mr. Tanveer G Khan, APP for the Respondent/State. Mr. Ashish N Saxena for Respondent No.2.

Mr. Dhiraj Gupta, PSI of Bundgarden Police Station, Pune City present. ----- CORAM :

ASHWIN D. BHOBE, J.

DATE :

09 FEBRUARY 2026 P.C.

Heard Mr. Vipul Dushing, learned Advocate for the Petitioner, Mr. Tanveer Khan, learned APP for the Respondent/State and Mr. Ashish Sxena, learned Advocate for Respondent No.2.

This Petition under Article 226 of the Constitution of India and under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 is preferred by the Petitioner for quashing the FIR bearing Cri.No.200 of 2023 registered with Bundgarden Police Station for the offences

punishable under Sections 376(2)(n), 313, 323, 504 and 506 of the Indian Penal Code and the proceedings arising out of it pending as S.C. No.472 of 2009 before the Sessions Court, Pune. Mr. Vipul Dushing, learned advocate for the Petitioner states that the Petitioner is in jail in respect of an another offence. Respondent No.2 is present in the Court and is identified by her Advocate Mr. Ashish Saxena. He tenders the Photostat copy of the Identity Card of Respondent No.2, which is taken on record and marked as "X" for identification.

Mr. Vipul Dushing and Mr. Ashish Saxena submit that the Petitioner and the Respondent No.2 were in a love relation. The complaint is a outcome of disappointment by Respondent No.2 and out of an misunderstanding between them. They submit that the dispute between the Petitioner and the Respondent No.2 is amicably resolved and as such the Respondent No.2 has given her no objection for quashing of the criminal complaint.

Mr. Ashish Saxena states that the Affidavit dated 23 December

2025 affirmed before the Notary Rajashri Kisan Hule is tendered on record as Exhibit-B Page Nos. 28 to 30. The same is marked as "X-1" for identification.

Respondent No. 2 states that the said Affidavit (X-1) 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-1) are as per her say. She reiterates her no objection for quashing of the criminal proceedings.

Mr. Khan states that the Respondent No.2 and the Petitioner have used the police machinery for settling their private dispute, as such he insists for imposition of costs. He submits that in view of the statement made in the Affidavit (X-1), no purpose would be served in continuing with the criminal proceedings. Mr. Vipul Dushing and Mr. Ashish Saxena state that an amount of Rs.25,000/- would be deposited as costs. Considering the aforesaid circumstances, the nature of dispute, the matter being settled between the Applicants and the Respondent No.2, the Respondent No.2 having given her no objection in the Affidavit (X-1) 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, there is no impediment in allowing this Petitioner In view of the above, Criminal Writ Petition No.547 of 2026 is allowed in terms of prayer clauses (a) subject to payment of costs of Rs.25,000/-. Consequently, the impugned FIR bearing Cri.No.200 of 2023 registered with Bundgarden Police Station for the offences punishable under Sections 376(2)(n), 313, 323, 504 and 506 of the Indian Penal Code is quashed.

The Petitioner and the Respondent No.2 shall deposit the costs of Rs.25,000/- in the below mentioned Account with a period of two weeks from today and file in the Registry the compliance affidavit along with the proof of deposit on on before 09 March 2026. The High Court Employees Medical Welfare Fund at Mumbai Account No.: 000120110001337 Bank : Bank of India Branch : Mumbai Main IFSC Code : BKID0000001 2012 10 SCC 303 2014 6 SCC 466 2017 9 SCC 641

This Criminal Writ Petition is allowed in the above-said terms. [ASHWIN D. BHOBE , J]