Bombay High Court
LOUURDES PANKAJ JAGASIAversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The High Court exercised its inherent power under Section 482 CrPC to quash the criminal case as the complainant consented and the parties had settled.
Summary
The applicant, accused in a criminal case (C.C. No.2358/PW/2023) under sections 389 and 504 of the IPC, filed an application under Section 482 of the CrPC seeking quashal of the proceeding. The applicant and Respondent No.2 had settled their dispute, and Respondent No.2 submitted a notarised consent affidavit stating that the complaint arose from a misunderstanding and that she had no objection to the case being quashed. The court noted the consent affidavit, the settlement between the parties, and the earlier quashal of a related cross FIR and sessions case. Relying on the discretion vested in the High Court under Section 482, the judge held that there was no longer any public interest in continuing the prosecution. Consequently, the petition was allowed and the criminal case was quashed.
Issues considered
- Whether a criminal proceeding under sections 389 and 504 IPC can be quashed under Section 482 CrPC when the complainant consents and the parties have settled.
- Whether the consent affidavit and settlement negate the public interest in prosecuting the alleged offences.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code, 1860 — s. 389, 504
Subjects
- quashal
- Section 482 CrPC
- consent affidavit
- settlement
- IPC 389
- IPC 504
- Bombay High Court
Judgment
SKN 901-APL-197.23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 197 OF 2023
Louurdes Pankaj Jagasia. … Applicant.
Vs.
The State of Maharashtra and another. ... Respondents
_______________________________
Mr.M.K.Kocharekar for the Applicant.
Mr.Yogesh Nakhwa, APP for the Respondent-State.
Mr.Rajeev Chavan, Senior Advocate with Aditya S. Targe, Shravanth
Arya Tandra, Sneha G. Sanap, Asimi Desai and Sonam Pande
for Respondent No.2.
_______________________________
SANJAY
KASHINATH
NANOSKAR CORAM : RANJITSINHA RAJA BHONSALE , J.
Digitally signed by
SANJAY KASHINATH
DATED : 3rd FEBRUARY 2026.
NANOSKAR
Date: 2026.02.05
14:39:20 +0530
P. C. :-
1. Applicant, accused in C.C. No.2358/PW/2023, pending on the
file of the Judicial Magistrate First Class (32 nd Court), Bandra, Mumbai
arising out of C.R.No.1050 of 2022 registered with the Nirmal Nagar Police
Station, Mumbai under sections 389 and 504 of the Indian Penal Code,
1860, has filed this Application under Section 482 of the Cr.P.C., for
quashing of the said case.
2. Learned Advocate appearing for the Applicant submitted that
during the pendency of the Petition, the Applicant and Respondent No.2
have settled their disputes and differences between them and that
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SKN 901-APL-197.23.doc
Respondent No.2 has now filed her Affidavit giving her consent for
quashing of the crime in question. He therefore prayed that the
C.C.No.2358/PW/2023 arising out of C.R. No.1050 of 2022 be quashed
and set aside with the consent of Respondent No.2.
3. Mr.Chavan, learned Senior Advocate appearing for Respondent
No.2 submitted that, Respondent No.2 has already filed on record her
Consent Affidavit dated 12th January 2026 duly affirmed before the Notary
Public. Respondent No.2 has stated in the said Consent Affidavit that the
crime in question was lodged due to certain misunderstanding and on the
basis of incorrect information received by her from her husband’s friends
and colleagues. After filing of the present crime, she realized that the
information received by her was not consistent with the true and correct
facts and that the crime in question was inadvertently registered. In
paragraph-4 of the Consent Affidavit, Respondent No.2 has given her “no
objection” for quashing of the crime in question. She has specifically stated
that she has full knowledge and purport of her actions and the
consequences of executing present Affidavit and that she has executed the
Affidavit without any force, duress or coercion.
4. Respondent No.2 is personally present in the Court and through
her Advocate reiterates the contents of her Affidavit dated 12 th January
2026 and her ‘no objection’ for quashing of the crime in question.
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SKN 901-APL-197.23.doc
5. Considering the contents of Consent Affidavit of Respondent
No.2 and the fact that the parties have also settled their disputes and
differences and that cross F.I.R. filed by the present Applicant being
F.I.R.No.772 of 2022 and the resultant Sessions Case No.787 of 2022 are
quashed by order passed today in Criminal Application No.541 of 2023, I
am inclined to quash C.C. No.2358/PW/2023, pending on the file of the
Judicial Magistrate First Class (32nd Court), Bandra, Mumbai arising out of
C.R.No.1050 of 2022 registered with the Nirmal Nagar Police Station,
Mumbai.
6. Petition is allowed in terms of prayer clauses (a).
(RANJITSINHA RAJA BHONSALE, J.)
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