Bombay High Court
KAMLESH MANUBHAI PATELversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Allowed
Holding
The court held that the criminal case under Section 354 IPC may be quashed when the victim voluntarily consents to settlement and there is no reasonable prospect of conviction.
Summary
The applicant sought quashing of Criminal Case No.15/PS/2013, arising from an FIR under Section 354 of the Indian Penal Code alleging sexual harassment by the applicant. The prosecution alleged that the applicant made obscene comments, placed his hand on the victim's shoulder, and threatened her job loss. The victim later executed an affidavit stating her consent to settle the matter and her desire to withdraw the prosecution, citing the applicant's prolonged hardship and loss of employment. The court examined whether a non‑compoundable offence under Section 354 could be dismissed solely on the victim's consent and an out‑of‑court settlement. Finding that the victim’s affidavit was voluntarily given and that continuing the prosecution would serve no public interest, the court allowed the application and quashed the criminal case. The order effectively set aside the pending trial before the Metropolitan Magistrate.
Issues considered
- Can a criminal case under the non‑compoundable offence of Section 354 IPC be quashed solely on the victim's consent and an out‑of‑court settlement?
Legislation cited
- Indian Penal Code — s. 354
Subjects
- quash
- Section 354 IPC
- sexual harassment
- victim consent
- non‑compoundable offence
- criminal procedure
- settlement
- withdrawal of prosecution
Judgment
HEMANT
CHANDERSEN H.C.SHIV 93.APL1597.26.DOC
SHIV
Digitally signed by
HEMANT
CHANDERSEN SHIV IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2026.10.05
11:50:21 +0300 CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION (APL) NO.1597 OF 2026
Mr. Kamlesh M. Patel …Applicant
V/s.
The State of Maharashtra & Anr. …Respondents
Mr. Mutahhar Khan i/b Ms. Neha Choksi for the Applicant.
Mr. V. A. Kulkarni, APP for Respondent No.1.
Ms. Pranita P. Hingmire for Respondent No.2.
CORAM: SHYAM C. CHANDAK, J.
DATED : 30th SEPTEMBER, 2026
P.C. :-
1. Heard learned Counsel for the parties. Perused the record.
2. Present application seeks quashing and setting aside of
Criminal Case No.15/PS/2013, pending before the learned
Metropolitan Magistrate, 32nd Court at Bandra, Mumbai arising out
of FIR bearing Cr. No.72 of 2012, registered with Nirmal Nagar
police station, Mumbai for the offence punishable under Section
354 of the Indian Penal Code, 1860 (“IPC”) on the report dated 31 st
March 2012 filed against the applicant by Respondent No.2 (“the
victim”).
3. The prosecution case is that, the applicant and the victim
were working in the same college. It is alleged that, on 23 rd August
2011, while the victim was working in the office of the college, the
applicant came there and passed obscene comments against the
victim and also placed his hand over her shoulder. It is alleged that,
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H.C.SHIV 93.APL1597.26.DOC
the applicant was staring at the victim with improper intention,
made eye gestures and behaved in a way that would made the victim
feel ashamed. The applicant also threatened the victim that if she
did not co-operate with him she would loose her job. Consequently,
the said FIR came to be registered. On completion of investigation,
charge-sheet came to be filed.
4. The learned Counsel for the parties state that, now, the
matter has been amicably settled between the parties. The victim
has given her consent and no objection to quash and set aside the
impugned criminal case. Mr.Hingmire, the learned Counsel has
tendered an Affidavit sworn by the victim to that effect. It is taken
on record and marked “X” for identification.
5. The victim is present before the Court. She is identified by
learned Counsel Ms.Hingmire. She has reiterated that the contents
of the Affidavit. She states that affirmed and signed the Affidavit out
of her own free will. She states that, the applicant has been facing
this prosecution for last more than 14 years. The applicant’s service
in the said college was permanent. He has been removed from that
service due to this prosecution. Since then, he has been working in a
private establishment. Thus, the applicant has suffered socially as
well as economically on account of the said case. The victim states
that, considering this difficult situation of the applicant, she has
decided not to prosecute the applicant in the said case and to settle
it out of the Court. Accordingly, she has given her consent and no-
objection to quash said criminal case registered on her FIR. The
victim states that she is firm on her stand and she would maintain
the said stand before the trial Court. As such there is bleak chance
of the said charge going to be proved. Therefore, no purpose would
be served by continuing the prosecution arising out of the said FIR.
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H.C.SHIV 93.APL1597.26.DOC
As a result, I am inclined to allow this application. Hence, following
order:-
(a) Criminal Application No.1597 of 2026 is allowed.
(b) Criminal Case No.15/PS/2013, pending before the
learned Metropolitan Magistrate, 32nd Court at Bandra,
Mumbai arising out of FIR bearing Cr. No.72 of 2012,
registered with Nirmal Nagar police station, Mumbai for the
offence punishable under Section 354 of the IPC, is quashed
and set aside.
(SHYAM C. CHANDAK, J.)
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