Created by Fuzzy Cloud

Bombay High Court

ABHIJEET SHANKARAO RODE AND ANRversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Allowed

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

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

                                                Page 1 of 4
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

                                            Page 2 of 4
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




                                             Page 4 of 4


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.