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Bombay High Court

PANDURANG MAHADEV RAMPUREversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The application under Section 528 BNSS is allowed and the FIR and charge‑sheet are quashed subject to payment of costs.

Summary

The applicant filed a criminal application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking quash of FIR No. 529 of 2025 and charge‑sheet No. 1940 of 2025 pending before the JMFC Cantonment Court, Pune. The applicant and Respondent No. 2 had amicably settled the dispute, and the respondent filed an affidavit stating she had no objection to the quash. The State, while opposing continuation of the proceedings, agreed that the matter could be quashed but requested imposition of costs. The Court, relying on Supreme Court precedents (Gian Singh v. State of Punjab, etc.), held that there was no impediment to granting the application. Consequently, the application was allowed, the FIR and charge‑sheet were quashed, and the applicant was ordered to pay costs of Rs. 25,000.

Issues considered

  • Whether criminal proceedings may be quashed under Section 528 of the BNSS when the parties have settled and the victim consents.
  • Whether any legal impediment exists to granting the quash in view of the pending charge‑sheet.

Legislation cited

Subjects

  • quash of criminal proceedings
  • Section 528 BNSS
  • settlement between parties
  • victim consent
  • cost order
  • FIR quash
  • charge‑sheet quash

Judgment

                                                                                        2-APL-140-2026.doc



           Digitally signed
           by GAYATRI
                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GAYATRI  RAJENDRA
RAJENDRA SHIMPI
SHIMPI   Date:
         2026.02.09
           20:03:11 +0530
                                                 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



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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 12 th

January, 2026 is taken on record and collectively marked ‘X-1’ for

identification. Respondent No. 2 states that the said affidavit ( “X-

1”) is filed out of her own free will and without any pressure or



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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 Punjab 1,

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.


1    (2012) 10 SCC 303.
2    (2017) 9 SCC 641.
3    (2014) 6 SCC 466.


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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.)




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