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Bombay High Court

SACHIN ASHOK PAWAR AND ORSversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

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The Court allowed the withdrawal of the criminal application and dismissed it as withdrawn.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 Consequently, Criminal Application No. 1469 of 2025 was dismissed as withdrawn.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  • Can a criminal application filed under Section 528 of the BNSS be withdrawn after the parties have settled the dispute?
  • Does the Court have the jurisdiction to quash an FIR when the application seeking quash is withdrawn?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

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


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