Vishal Peshooram Bakthiarpuri And ANR v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 150 OF 2026 Vishal Peshooram Bakthiarpuri And Anr.

...Applicants

Versus

The State of Maharashtra And Anr.

...Respondents

__________ Mr. Ankesh R. Thakur, learned Advocate for the Applicants. Applicants are present in the Court.

Mr. Sukanta A. Karmakar, learned A.P.P. for the State/Respondent. Mr. Kumar M. Ghind, learned Advocate for Respondent No. 2. Respondent No. 2 is present in the Court.

PSI Mr. Chiranjiv Dalalwad attached to Pimpri Police Station is present in the Court.

__________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

3rd FEBRUARY 2026.

P.C. :

1.

Heard Mr. Ankesh Thakur, learned Advocate for the Applicants, Mr. Sukanta Karmakar, learned A.P.P. for the State/Respondent and Mr. Kumar Ghind, learned Advocate for Respondent No. 2.

2.

This Criminal Application is preferred by the Applicants under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of the First Information Report bearing C.R. No. 759 of 2025 dated 24.12.2025 registered with Pimpri Police Station, District-Pimpri-Chinchwad for the offences punishable under Sections 118(1), 115(2), 352 & 3(5) of the Bharatiya Nyaya

Sanhita, 2023.

3.

Applicants are present in the Court along with their Advocate Mr. Ankesh Thakur. Mr. Ankesh Thakur, learned Advocate for the Applicants identifies the Applicants and tenders the photo identity proofs (Aadhar Cards) of the Applicants, which are taken on record and marked as "X Colly." for identification. Respondent No. 2 is present in the Court along with his Advocate Mr. Kumar Ghind. Mr. Kumar Ghind tenders the photo identity proof (Aadhar Card) of Respondent No. 2, which is taken on record and marked as "X-1" for identification.

4.

Mr. Ankesh Thakur and Mr. Kumar Ghind jointly submit that dispute between Applicants and Respondent No. 2 is amicably resolved, as such pray for quashing of the criminal proceedings. 5.

Respondent No. 2, who is present in the Court states that he does not intend to pursue/prosecute the criminal proceedings filed at his instance and therefore, he has given No Objection for quashing of the criminal proceedings. Mr. Kumar Ghind, learned Advocate tenders Affidavit dated 20.01.2026, affirmed by Respondent No. 2 before the Notary Advocate Mr. Bipin D. Agrawal at District-Thane. Same is taken on record and marked as "X-2" for identification. Respondent No. 2 states that the Affidavit (X-2) has been filed by him out of his own free will and without any pressure, force or coercion from any person. He states that the contents of Affidavit dated 20.01.2026 are as per his say. 6.

Applicant Nos. 1 & 2, who are present in the Court state that the dispute is amicably resolved with Respondent No. 2.

7.

Mr. Sukanta Karmamar, learned A.P.P. for the State/Respondent submits that no purpose would be served by continuing with the criminal proceedings in view of the statement made by the Advocates representing the Applicants and Respondent No. 2 and the statements of Respondent No. 2 in the Affidavit (X-2). He therefore submits that the impugned FIR can be quashed. He however insists for imposition of cost on the parties. 8.

Mr. Ankesh Thakur and Mr. Kumar Ghind on instructions from the Applicants and Respondent No. 2, who are present in the Court, state that an amount of Rs. 25,000/- would be paid jointly as costs.

9.

Having regards to the facts as placed before me, the nature of dispute, the amicable settlement arrived between the parties, the statements made on oath by Respondent No. 2 (Affidavit dated 20.01.2026 at X-2) and having regards to the judicial pronouncements by the Hon'ble Supreme Court in the cases of Gian Singh v/s. The State of Punjab and Another1, Narinder Singh and Others v/s. State of Punjab and Another2 and Parbatbhai Aahir Alias Parbatbhai Bhimsinbhai Karmur and Others Vs. State of Gujarat and Anr.3, there is no impediment in allowing this Criminal Application.

10.

In view of the above, Criminal Application is allowed in terms of prayer clause (A) subject to payment of cost of Rs. 25,000/-. Consequently, the FIR bearing C.R. No. 759 of 2025 dated 24.12.2025 registered with Pimpri Police Station, District-Pimpri1. (2012)10 Supreme Court Cases 303.

2. (2014)6 Supreme Court Cases 466.

(2017) 9 SCC 641.

Chinchwad for the offences punishable under Sections 118(1), 115(2), 352 & 3(5) of the Bharatiya Nyaya Sanhita, 2023, is quashed. Criminal proceedings against the Applicants arising out of the impugned FIR are closed.

11.

Applicants and Respondent No. 2 shall deposit cost of Rs. 25,000/- in the following account within a period of 2 weeks from today and furnish proof of deposit before the Registry of this Court by filing an Affidavit of compliance on or before 05.03.2026 :- The High Court Employees Medical Welfare Fund at Mumbai Account No.: 000120110001337 Bank : Bank of India Branch : Mumbai Main IFSC Code : BKID0000001 12.

Criminal Application No. 150 of 2026 is disposed of in the above said terms.

[ASHWIN D. BHOBE, J.] by GITALAXMI KRISHNA KOTAWADEKAR Date:

2026.02.12 18:22:00 +0530 GITALAXMI KRISHNA KOTAWADEKAR