Bombay High Court
ABHIJEET SHANKARAO RODE AND ANRversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Allowed
- Bench
- ASHWIN D BHOBE
Holding
The Court quashed the FIR and the charge‑sheet, allowing the criminal application and ordering costs of Rs 25,000.
Summary
The applicants, Abhijeet Rode and another, filed a criminal application under Section 482 of the CrPC seeking quash of FIR No. 73 of 2019 and the related charge‑sheet for offences under IPC sections 354‑A, 509, 323, 504, 506 read with 34. The parties had amicably settled the dispute and the alleged victim (Respondent No. 2) filed a no‑objection affidavit stating she would not pursue prosecution. The State also agreed that continuation of the case would serve no purpose. Relying on the settlement, the victim’s consent affidavit, and the Supreme Court’s decision in Parbatbhai Aahir v. State of Gujarat, the Court exercised its power under Section 528 of the BNSS to quash the FIR and the pending criminal case, ordering the applicants to pay costs of Rs 25,000. Consequently, the criminal proceedings were closed.
Issues considered
- Whether a criminal proceeding may be quashed under Section 482 of the CrPC (and Section 528 of the BNSS) when the parties have settled and the victim consents.
- Whether the Court can impose costs on the parties in a quash application.
Legislation cited
- BNSS — s. 528
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- quash of criminal proceedings
- settlement
- victim consent
- Section 482 CrPC
- Section 528 BNSS
- cost order
- FIR quash
- criminal application
Judgment
Gitalaxmi 911-APL-1450-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1450 OF 2025
Mr. Abhijeet Shankarao Rode And Anr. ...Applicants
Versus
The State of Maharashtra And Anr. ...Respondents
__________
Mr. Sanmay Pawar, learned Advocate for the Applicants.
Applicants are present in the Court.
Ms. Pallavi N. Dabholkar, learned A.P.P. for the State/Respondent.
Mr. Aditya Rai, learned Advocate for Respondent No. 2.
Respondent No. 2 is present in the Court.
__________
CORAM : ASHWIN D. BHOBE, J.
DATE : 23rd JANUARY 2026.
P.C. :
1. Heard Mr. Sanmay Pawar, learned Advocate for the
Applicants, Ms. Pallavi Dabholkar, learned A.P.P. for the
State/Respondent and Mr. Aditya Rai, learned Advocate for
Respondent No. 2.
2. By the present Criminal Application filed under Section 482
of the Code of Criminal Procedure, 1973, the Applicants are
seeking for quashing of the First Information Report bearing no. 73
of 2019 dated 18.01.2019 registered with Chaturshrungi Police
Station, District-Pune City for the offence punishable under
Sections 354-A, 509, 323, 504 & 506 read with 34 of the Indian
Penal Code, 1860 and the charge-sheet bearing Regular Criminal
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Gitalaxmi 911-APL-1450-2025.doc
Case No. 834 of 2019 instituted before the Judicial Magistrate First
Class, Shivaji Nagar, Pune, arising out of the said FIR.
3. Applicants are present in the Court along with their Advocate
Mr. Sanmay Pawar. Mr. Sanmay Pawar, learned Advocate submits
that the matter is amicably resolved between the parties. Mr.
Aditya Rai and Mr. Sanmay Pawar jointly submit that the dispute
being settled between the Applicants and Respondent No. 2, no
purpose would be served in continuing the criminal proceedings
and the same be quashed.
4. Respondent No. 2 is present in the Court along with her
Advocate Mr. Aditya Rai. He on instructions from Respondent No.
2 states that Respondent No. 2 does not intend to pursue/prosecute
the criminal proceedings filed at her instance and therefore, she
has given No Objection for quashing of the criminal proceedings.
Respondent No. 2 tenders her Consent Affidavit dated 23.01.2026
affirmed before the Registry of this Court. Said Affidavit dated
23.01.2026 is taken on record and marked as “X” for identification.
Respondent No. 2 states that the Affidavit (X) has been filed by her
out of her own free will and without any pressure or coercion from
any person. She states that the contents of paragraph Nos. 1 to 7
of the Affidavit dated 23.01.2026 are as per her say. She reiterates
her No Objection for quashing of the impugned FIR and subsequent
criminal proceedings.
5. Ms. Pallavi Dabholkar, learned A.P.P. for the State/Respondent
states that no purpose would be served by continuing with the
criminal proceedings in view of the statement made by Respondent
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Gitalaxmi 911-APL-1450-2025.doc
No. 2, who is present in the Court and her statements in the
Affidavit dated 23.01.2026 (X). She therefore submits that the
impugned FIR and the criminal proceedings can be quashed. She
however insist for imposition of cost on the parties.
6. Mr. Sanmay Pawar on instructions from the Applicants, who
are present in the Court, state that an amount of Rs. 25,000/-
would be paid as costs.
7. Considering the facts as placed before me, the nature of
dispute, the settlement arrived between the parties, the statements
made on oath by Respondent No. 2 (Affidavit at X) and guided by
the decision of the Hon’ble Supreme Court in the case of
Parbatbhai Aahir Alias Parbatbhai Bhimsinbhai Karmur and Others
Vs. State of Gujarat and Anr.1, to secure ends of justice I deem it fit
and proper to exercise powers under Section 528 of the BNSS to
quash the criminal proceedings.
8. Criminal Application is therefore allowed in terms of prayer
clause (a) subject to payment of cost of Rs. 25,000/-. Consequently
First Information Report No. 73 of 2019 dated 18.01.2019
registered with Chaturshrungi Police Station, District-Pune City for
the offence punishable under Sections 354-A, 509, 323, 504 & 506
read with 34 of the Indian Penal Code, 1860 and the charge-sheet
bearing Regular Criminal Case No. 834 of 2019 pending before the
Judicial Magistrate First Class, Shivaji Nagar, Pune, arising out of
the said FIR, are quashed. Criminal proceedings against the
Applicants arising out of the said FIR and charge-sheet are closed.
1 (2017) 9 SCC 641.
Page 3 of 4
Gitalaxmi 911-APL-1450-2025.doc
9. Applicants shall deposit cost of Rs. 25,000/- in the below
mentioned account, on or before 06.02.2026 and furnish proof of
deposit before the Registry of this Court :-
Bank Name : Axis Bank Limited
Branch Name : Worli, Mumbai (M.H.), Mumbai-400
025
Account Name : Central Police Welfare Fund, Director
General MS, Mumbai
Account Number : 914010029005759
IFSC Code : UTIB0000060
10. Criminal Application No. 1450 of 2025 is disposed of in the
above said terms.
[ASHWIN D. BHOBE, J.]
GITALAXMI
KRISHNA
KOTAWADEKAR
Digitally signed by
GITALAXMI KRISHNA
KOTAWADEKAR
Date: 2026.02.03
19:45:00 +0530
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