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Bombay High CourtAPL/354/2026disposed off

Vishwadeep Nandu Shinde And ANR v. State Of Maharashtra And ANR

2026-02-26Hon'Ble Shri Justice Ashwin D. Bhobe6 pages

by LAXMIKANT GOPAL CHANDAN Date:

2026.02.27 21:35:59 +0530 LAXMIKANT GOPAL CHANDAN lgc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 354 OF 2026 Vishwadeep Nandu Shinde & Anr.

: Applicants.

Versus

The State of Maharashtra & Anr.

: Respondents.

______________________________________________________ Mr. Amit C Pradhan for the Applicants.

Ms. Shilpa Talhar, APP for the Respondent/State. Mr. Bhushan K Bhutada for the Respondent No.2. ______________________________________________________ CORAM : ASHWIN D. BHOBE, J.

DATED : 26 FEBRUARY 2026 PC:- 1.

Heard Mr. Amit Pradhan, learned Advocate for the Applicants, Ms. Shilpa Talhar, learned APP for the Respondent/State and Mr. Bhushan Bhutida, learned Advocate for Respondent No.2.

2.

This Application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 is preferred by the Applicants for quashing the FIR No.814 of 2025 dated 08 November 2025 registered at Ambad Police Station, Nashik City for the

offences punishable under Section 64(1) of Bhartiya Nyay Sanhita 2023 3.

Mr. Amit Pradhan, learned Advocate for the Applicants, states that the Applicants are presently in custody in view of the present crime. He tenders the Photostat copies of the Identity Cards (two in number) of the Applicants, which are taken on record and marked as "X-Colly" for identification. 4.

Respondent No.2 is present in the Court and is identified by her Advocate Mr. Bhushan Bhutada. He tenders the Photostat copy of Identity Card of Respondent No.2, which is taken on record and marked as "X-1" for identification.

5.

Mr. Bhushan Bhutada states that the Affidavit dated 26 February 2026 affirmed by Respondent No.2 before the Registry of this Court is placed on record, the same is marked as "X-2" for identification.

6.

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. She refers to paragraph Nos. 3 and 4 of her Affidavit (X-2) which read as under :- "3.

I say that I have realized that I had love relations with the applicant no. 1 & the relationship couldn't stand long due to internal differences & as such the crime in question has been filed out of misunderstanding by me & now I have accepted that our relationship wouldn't go next in future & I am therefore ready to resolve the issues with a view to move ahead in their life. I further say that I am young and having great future ahead & hence, I don't want to indulge in the legal issues in the crime in question anymore. I have no objection to quash the FIR in the crime in question which is made herein without any coercion or misrepresentation. 4.

Considering the above position, I do not want to pursue the criminal proceedings lodged at my end in Crime no. 814/2025 registered at Ambad Police Station, Nashik City for the offences alleged u/s. 64(1) of Bhartiya Nyay Sanhita 2023 on 08-11-2025 which registered under the misunderstanding.

7.

Mr. Amit Pradhan and Advocate Mr. Bhushan Bhutada

submit that a difference of opinion between the Applicant No,.1 and Respondent No.2 who were in love relationship took a different turn which resulted in the Respondent No.2 filing the present complaint. The Respondent No.2 having realized her mistake has settled the matter with the Applicants. They submit that the Respondent No.2 in paragraph No.3 of the Affidavit (X-2) has given the reasons for now resolving the matter and giving her no objection. 8.

Ms. Shilpa Talhar, learned APP for the Respondent/State submits that a love relationship was given a criminal flavour and made into a criminal complaint. She however submits that in view of the no objection given by the Respondent No.2 in her Affidavit (X-2), the criminal proceedings can be quashed, however, she insists for imposition of exemplary costs.

9.

Mr. Amit Pradhan and Bhushan Bhutada, on instructions, submit that the Applicants and Respondent No.2 shall deposit appropriate costs.

10.

Considering the aforesaid circumstances, the nature of dispute, the matter being settled between the Applicants and the Respondent No.2, the statement of Respondent No. 2 in the Affidavit (X-2), no useful purpose is likely to be served by allowing a criminal prosecution to continue. 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, and Madhavrao Jiwajirao Scindia & ors Vs. Sambhajirao Chandrojirao Angre & ors.4there is no impediment in allowing this Application. 11.

In view of the above, Criminal Application No.354 of 2026 is allowed in terms of prayer clause (b) subject to payment of costs of Rs.70,000/- i.e. Applicant No.1 shall deposit costs of Rs.35,000/- and the Respondent No.2 shall deposit costs of Rs.35,000/- in the below mentioned Account. Payment of costs is a condition precedent. Consequently, the 2012 10 SCC 303 2014 6 SCC 466 2017 9 SCC 641 (1998) 1 SCC 692

impugned FIR No.814 of 2025 dated 08 November 2025 registered at Ambad Police Station, Nashik City is quashed. 12.

The Applicant No.1 and the Respondent No.2 shall deposit the costs of Rs 35,000/- each in the below mentioned Account within a period of two weeks from today and file in the Registry of this Court the compliance affidavit along with the proof of deposit on or before 18 March 2026. Deepstambh Foundation, Delhi Bank Name : ICICI Bank Account Name : Deepstambh Foundation Delhi Account Number : 697401700986 Account Type : Savings IFSC Code : ICIC0006974 MICR Code : 425229003 13.

Criminal Application No.354 of 2026 is disposed of. (ASHWIN D. BHOBE, J.)