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Bombay High CourtAPL/140/2026disposed off

Pandurang Mahadev Rampure v. State Of Maharashtra And ANR

2026-02-02Hon'Ble Shri Justice Ashwin D. Bhobe4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by GAYATRI RAJENDRA SHIMPI Date:

2026.02.09 20:03:11 +0530 GAYATRI RAJENDRA SHIMPI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 140 OF 2026 Pandurang Mahadev Rampure ... Applicant V/s.

The State of Maharashtra & Anr.

... Respondents --- Mr. Siddharth Sutaria a/w Mr. Shailesh M., Advocates for Applicant.

Mr. Harshwardhan Pawar, Advocate for Respondent No. 2. Mr. Prasanna Malshe, APP for Respondent - State. Mr. Hasan Mulani - PSI, Hadpasar Police Station, Pune City. ------- CORAM : ASHWIN D. BHOBE, J.

DATE : 2nd FEBRUARY, 2026.

P.C. :

1.

This Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita ('BNSS'), is preferred by the Applicant against the FIR bearing C. R. No. 529 of 2025 registered at Hadapsar Police Station, Pune for the offences punishable under Sections 74, 78, 126(2) of the BNS and the charge-sheet bearing R.C.C. No. 1940 of 2025 pending before the learned JMFC

Cantonment Court, Pune, arising out of the said FIR. 2.

Applicant is present in Court with his Advocate Mr. Siddharth Sutaria. Respondent No. 2 is present in Court with her Advocate Mr. Harshwardhan Pawar. Photostat copies of the ID proof of the Applicant and the Respondent No.2 are taken on record and marked "X colly" for identification. 3.

Mr. Siddharth Sutaria and Mr. Harshwardhan Pawar jointly submit that the Applicant has amicably resolved the matter with the Respondent No. 2 , who has given her no objection for quashing of the criminal proceedings.

4.

Advocate Mr. Harshwardhan Pawar tenders affidavit dated 17th January, 2026 of Respondent No. 2 affirmed before Notary Jlka Babasaheb Ingawale, Pune, along with the photostat copy of the Aadhar Card and Pan Card. Said affidavit dated 12th January, 2026 is taken on record and collectively marked 'X-1' for identification. Respondent No. 2 states that the said affidavit ( "X1") 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 dated 12th January, 2026 ("X-1") are as per her say. 5.

Mr. Prasanna Malshe, learned APP submits that the Applicant and Respondent No.2, having settled the dispute and the Respondent No.2 having filed her affidavit ('X-1') no purpose would be served in continuing the criminal proceedings. He submits that the same can be quashed, however he insists for imposition of costs.

6.

Considering the aforesaid circumstances, the nature of dispute, the Respondent No. 2 having given consent to quash the criminal proceedings, statements of the Respondent No. 2 in the affidavit ('X-1') and having regard to the decision of the Hon'ble Supreme Court in the case of Gian Singh V. State of Punjab1, Parbatbhai Aahir Alias Prabatbhai Bhimsinbhai Karmur and Others2 Vs. State of Gujarat Anr, Narinder Singh & Ors. Vs. State of Punjab & Anr3, there is no impediment for allowing this Application.

(2012) 10 SCC 303.

(2017) 9 SCC 641.

(2014) 6 SCC 466.

7.

Criminal Application No. 140 of 2026 is allowed in terms of prayer clause (b), subject to payment of costs of Rs. 25,000/-. Consequently, the impugned FIR bearing C. R. No. 529 of 2025 registered with Hadapsar Police Station and charge-sheet bearing R. C. C. No. 1940 of 2025 are quashed. 8.

Applicant shall deposit the costs of Rs. 25,000/- in the below mentioned account, within a period of two weeks from today.

Central Police Welfare Fund Account No: 914010029005759 Bank : Axis Bank Limited Branch : Worli, Mumbai (M.H.), Mumbai - 400025 IFSC Code: UTIB0000060 9.

Applicant shall file compliance affidavit along with proof of deposit in the Registry of this Court on or before 27th February, 2026 .

(ASHWIN D. BHOBE, J.)