Bombay High Court
SACHIN ASHOK PAWAR AND ORSversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
Holding
The Court allowed the withdrawal of the criminal application and dismissed it as withdrawn.
Summary
The applicants filed a criminal application under Section 528 of the BNSS seeking to quash FIR No. 436 of 2023 and the accompanying charge‑sheet, alleging that the dispute with Respondent No. 2 had been amicably settled. Both the applicants’ counsel and Respondent No. 2’s counsel consented to the withdrawal of the application. The State’s counsel did not object to the withdrawal. The Court, after noting the mutual consent, granted leave to withdraw the application. Consequently, Criminal Application No. 1469 of 2025 was dismissed as withdrawn.
Issues considered
- Can a criminal application filed under Section 528 of the BNSS be withdrawn after the parties have settled the dispute?
- Does the Court have the jurisdiction to quash an FIR when the application seeking quash is withdrawn?
Legislation cited
- BNSS — s. 528
Subjects
- withdrawal of criminal application
- Section 528 BNSS
- quash of FIR
- amicable settlement
- criminal appellate jurisdiction
Judgment
50-APL-1469-2025.doc
Digitally signed
GAYATRI
by GAYATRI
RAJENDRA
RAJENDRA SHIMPI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHIMPI Date:
2026.01.30
20:10:25 +0530
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1469 OF 2025
Sachin Ashok Pawar & Ors. … Applicants
V/s.
The State of Maharashtra & Anr. … Respondents
---
Ms. Mrunmai Kailas Rokade, Advocate for Applicants.
Ms. Ankita Balasaheb Ugalmugale, Advocate for Respondent No. 2.
Mr. Sukanta Karmakar, APP for Respondent No. 1 – State.
---
CORAM : ASHWIN D. BHOBE, J.
DATE : 28th JANUARY, 2026.
P.C. :
1. By the present Application filed under Section 528 of
BNSS, the Applicants have sought for the following substantive
relief in prayer clause (b):-
“b) Quash and set aside FIR bearing CR. No. 436 of
2023 registered at Yeola Taluka Police Station, Yeola
for the offence’s punishable u/s 498A, 406, 323,
504, 506, 34 of Indian Penal Code and charge-sheet
dated 19/09/2025 by consent of respondent no. 2.”
2. Ms. Mrunmai Kailas Rokade, learned Advocate for
Applicants states that the Applicant No. 1 is present in Court and
Gayatri shimpi 1
50-APL-1469-2025.doc
Applicant Nos. 2 to 7 are appearing through V. C. Ms. Mrunmai
Kailas Rokade, identifies all the Applicants. She tenders photostat
copy of the identity card of Applicant No. 1, same is taken on
record and marked ‘X’ for identification.
3. Ms. Ankita Balasaheb Ugalmugale, learned Advocate
for Respondent No. 2 states that the Respondent No. 2 is present in
Court and she identifies her. She tenders photostat copy of the
identity card of Respondent No. 2, same is taken on record and
marked as ‘X-1’ for identification.
4. Ms. Mrunmai Kailas Rokade and Ms. Ankita Balasaheb
Ugalmugale jointly submit that the dispute between the Aplicants
and the Respondent No. 2 is amicably settled.
5. Ms. Mrunmai Kailas Rokade on instructions from the
Applicant No. 1 present in Court and Applicant Nos. 2 to 7
appearing through V. C craves leave to withdraw this Application.
6. Ms. Ankita Balasaheb Ugalmugale, learned Advocate
for Respondent No. 2 consents to the withdrawal of this
Application.
Gayatri shimpi 2
50-APL-1469-2025.doc
7. Mr. Sukanta Karmakar, learned APP for the State does
not object the withdrawal request made by Ms. Mrunmai Kailas
Rokade.
8. In view of the request made by Ms. Mrunmai Kailas
Rokade, leave granted to withdraw this Application.
9. Criminal Application No. 1469 of 2025 is dismissed as
withdrawn.
(ASHWIN D. BHOBE, J.)
Gayatri shimpi 3
Checking your session…