Bombay High Court
KIRAN BABAN RATHOD AND ORSversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The Court held that, in the interest of justice, a consent quashing of the FIR and related proceedings is permissible and allowed the application.
Summary
The applicants filed a criminal application seeking the quashing of FIR No. 251 of 2016 and related proceedings. The FIR alleged offences under IPC sections 366, 363, 323, 504, 506 and POCSO Act sections 8 and 12. Respondent No. 2, who is married to the victim (accused No. 2), along with the petitioner, consented to the quashing, stating that they wished to protect their children from the stigma of the case. The Court, after hearing the parties and noting the mutual consent, held that consent quashing was permissible in the interest of justice. Accordingly, the Court ordered the FIR and the pending Special Case No. 29 of 2026 before the District and Sessions Court, Shirur, to be quashed and set aside. The application was allowed and disposed.
Issues considered
- Whether a criminal application for quashing an FIR and consequent proceedings can be entertained and granted on the basis of consent of the parties involved.
Legislation cited
- Indian Penal Code — s. 323, 363, 366, 504, 506
- Protection of Children from Sexual Offences Act, 2012 — s. 12, 8
Subjects
- quashing of FIR
- consent quashing
- criminal procedure
- IPC
- POCSO
- child sexual offences
- high court
Judgment
56. CRI APL-1285-18.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1285 OF 2018
Kiran Baban Rathod & Ors. .. Applicants
Versus
The State of Maharashtra & Ors. .. Respondent
....................
Mr. Shailesh Kharat a/w Mr. Onkar Chaudhari & Mr. Praveen Taula,
Advocates for Applicants
Mr. Sukanta A. Karmakar, APP for State
Mr. Vinod Kendre, Advocate for Respondent No. 2
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 24, 2026
P. C.:
1. Heard Mr. Kharat, learned Advocate for Applicants; Mr.
Karmakar, learned APP for State and Mr. Kendre, learned Advocate for
Respondent No. 2.
2. Present Application is filed seeking quashing and setting aside of
the FIR and the consequential proceedings arising therefrom.
3. Respondent No. 2 before me is married to the victim in the
present crime who is arraigned as accused No. 2. Both of them are
before the Court. They were both majors. First informant in the
present case happens to be Respondent No. 3. Averments made in the
Application are to the effect that since both of them are happily
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56. CRI APL-1285-18.odt
married and are having children, the mother also does not have any
grievance for quashing the present proceedings.
4. The parties before me are well-educated and are desirous of
ensuring that their children grow up in an environment free from the
ignominy associated with the present criminal proceedings.
5. I have interacted with Respondent No.2 who is present in Court
before me as also with the Petitioner. Both of them jointly persuaded
me to consider the Application and pass appropriate orders by consent
quashing.
6. Considering the aforesaid and after hearing learned APP, I am of
the opinion that the request made by the parties for consent quashing
has to be allowed in the interest of justice. Hence, Application is
allowed in terms of prayer clause (a) which reads thus:-
"a. This Hon'ble Court may pleased to quash the FIR No. 251 of 2016
for offences under Section 366, 363, 323, 504 and 506 of IPC and
Sections 8 and 12 of the Protection of Children from Sexual
Offences Act, 2012 registered with the Sikrapur Police Station, Pune
and further proceedings arising out of it on such terms and
conditions this Hon'ble Court may deem fit and proper.
7. Further, the consequential proceedings, i.e. Special Case No. 29
of 2026, pending before the District and Sessions Court, Shirur, are
also quashed and set aside.
8. Application is allowed and disposed.
Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
RAVINDRA by RAVINDRA
MOHAN
MOHAN AMBERKAR
AMBERKAR Date: 2026.09.24
14:56:17 +0530
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