Vinod Harishingh Rajput v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by GAYATRI RAJENDRA SHIMPI Date: 2026.02.12 22:29:51 +0530 GAYATRI RAJENDRA SHIMPI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 176 OF 2026 Vinod Harishingh Rajput ... Applicant V/s.

The State of Maharashtra & Anr.

... Respondents --- Mr. Ronak Shah a/w Mr. Pradeep Sarawgi & Ms Ansu D. Jaiswal, Advocate for Applicant.

Ms. Radhika Sharma a/w Mr. J. Shah, Advocate for Respondent No. 2.

Mr. Sukanta Karmakar, APP for Respondent - State. Mr. Hitendra Chavan - PSI, Bhayandar Police Station. --- CORAM : ASHWIN D. BHOBE, J.

DATE : 5th FEBRUARY, 2026.

P.C. :

1.

By the present Application filed under Section 482 of the Cr. P. C., the Applicant has sought for the following substantive reliefs :- "C.

This Hon'ble Court be pleased to invoke its inherent jurisdiction under Section 482 of The Code of Criminal Procedure, 1973; and/or its Writ Jurisdiction under Article 226 of The Constitution of India to pass an appropriate Order to Quash and set aside, the F.I.R. bearing No.0427 of 2023; dated 31" October, 2023; registered with the Bhayandar Police Station, Bhayandar (West), Thane; for commission of offence(s) punishable under Section 498-A, 494, 323, 504 and 506 of The Indian Penal Code, 1860.

D.

This Hon'ble Court be pleased to invoke its inherent jurisdiction under Section 482 of The Code of Criminal Procedure, 1973; and/or its Writ Jurisdiction under Article 226 of The Constitution of India to pass an appropriate Order to Quash and set aside, the Criminal Proceedings bearing R.C.C. No. 1658 of 2025; pending before the Hon'ble 02nd Joint Civil Judge (J.D.) & J.M.F.C., Mira Bhayandar, Thane."

2.

Applicant is present in Court with his Advocate Mr. Ronak Shah. Photostat copy of the Aadhar Card of the Applicant is taken on record and marked 'X' for identification. 3.

Respondent No. 2 (Mrs. Radha Vinod Rajput @ Miss Radha Ganesh Bohra) is present in Court with her Advocate Ms. Radhika Sharma.

4.

Mr. Ronak Shah, learned Advocate for the Applicant and Ms. Radhika Sharma, learned Advocate for Respondent No. 2, submit that the Applicant and Respondent No. 2 are married and staying together as husband and wife. They therefore submit that the criminal proceedings filed by Respondent No. 2 against the Applicant may not be continued and the same be quashed. 5.

Ms. Radhika Sharma tenders the affidavit dated 13th

December, 2025 affirmed by Respondent No. 2 before Notary Mr. R. S. Jadaun, Thane. Affidavit dated 13th December, 2025, along with the photostat copy of Aadhaar Card of Respondent No. 2 is taken on record and marked 'X-2' & 'X-1', respectively for identification.

6.

Respondent No. 2 (Mrs. Radha Vinod Rajput @ Miss Radha Ganesh Bohra) states that the 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 states that she and the Petitioner have married and are staying together as husband and wife.

7.

Mr. Sukanta Karmakar, learned APP for the State, submits that the Applicant and Respondent No. 2, now having married, no purpose would be served in continuing with the criminal proceedings. He submits that the impugned FIR and criminal proceedings may be quashed, based on the affidavit at 'X2' and the statements today made before this Court by the Advocate representing Applicant and Respondent No. 2.

8.

Considering the aforesaid circumstances, the nature of dispute the statements made by Respondent No. 2 in the affidavit ('X-2') 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 Others Vs. State of Gujarat Anr2, Narinder Singh & Ors. Vs. State of Punjab & Anr3 there is no impediment for allowing this Application. 9.

Applicant is therefore allowed in terms of prayer clauses (c) and (d). Consequently, the impugned FIR bearing No. 0427 of 2023, dated 31st October, 2023, registered at Bhayandar Police Station, Bhayandar (West), Thane and charge-sheet bearing No. 271 of 2023 registered as Case No. R. C. C. No. 1658 of 2025 pending before the Hon'ble 02nd Joint Civil Judge (J.D.) & J.M.F.C., Mira-Bhayandar, Thane are quashed.

10.

There shall be no order as to costs.

(ASHWIN D. BHOBE, J.) (2012) 10 SCC 303 (2017) 9 SCC 641 (2014) 6 SCC 466