Bombay High Court
SIDDHARTH RAMESH PAWAR AND ORSversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The court held that, in view of the complainant's consent, the proceedings may be quashed under the inherent power conferred by Section 528 of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, three young men, were charged under several provisions of the Bharatiya Nagarik Suraksha Sanhita (BNS) and the Maharashtra Police Act for assaulting a complainant who worked nearby. The prosecution alleged that the complainant repeatedly used the petitioners' perfume bottle, prompting the assault. The injury certificate attached to the charge sheet showed only minor bruises, contradicting the serious charges of attempted murder. The complainant executed a consent affidavit, expressing willingness to withdraw the complaint. Relying on Section 528 of the BNS, the court exercised its inherent power to quash the FIR and the pending charge sheet, granting the petitioners’ application and disposing of the proceedings.
Issues considered
- Whether criminal proceedings under the BNS and Maharashtra Police Act can be quashed on the basis of the complainant's consent under Section 528 of the BNS.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 118(1), 3(5), 351(3), 352, 528
- Maharashtra Police Act, 1951 — s. 135, 37(1)(a)
Subjects
- quash
- consent affidavit
- Section 528
- Bharatiya Nagarik Suraksha Sanhita
- Maharashtra Police Act
- assault
- inherent power of court
- minor offenders
Judgment
122. CRI APL-383-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 383 OF 2026
Siddharth Ramesh Pawar & Ors. .. Petitioners
Versus
The State of Maharashtra & Anr. .. Respondents
....................
Mr. Ganesh Gupta a/w Ms. Priyanka Rathod, Mr. Sahil Ghorpade,
Mr. Shivkumar Bais, Mr. Madan Khansole, Mr. Ritik Gupta & Mr.
Tushar Gaikwad i/by GG Legal Associates, Advocates for Petitioners
Mr. Sukanta A. Karmakar, APP for State
Mr. Surya P. Gupta, Advocate for Respondent No. 2
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 11, 2026
P. C.:
1. Heard Mr. Gupta, learned Advocate for Petitioners; Mr.
Karmakar, learned APP for State and Mr. Gupta, learned Advocate for
Respondent No. 2.
2. Present Application is filed under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita seeking quashing of the entire proceedings
arising out of the subject FIR bearing C.R. No. 005 of 2026 registered
with Trombay Police Station on 06.01.2026 for the offences punishable
under Section 109, 118(1), 351(3), 352, 115(2) and 3(5) of BNS and
37(1)(a) and 135 of Maharashtra Police Act, 1951.
3. Parties are before the court. There are three petitioners who are
accused of having assaulted Respondent No. 2 - Complainant. The
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122. CRI APL-383-26.odt
Complainant works in the same vicinity as a cleaner in office and
establishment of Applicants. They know each other very well.
4. According to prosecution case, one of the Applicants alleged
that his perfume bottle kept in the bathroom was used by the
complainant repeatedly and therefore he along with two of his
brothers assaulted the complainant.
5. The injury certificate is placed before me by Mr. Gupta which is
appended to the chargesheet. Prima facie, it shows two simple injuries
of bruises and a neck mark. Though FIR is filed for causing attempt to
murder and allied provisions, the injury certificate itself belies the case
of the prosecution on the face of it. That apart, the parties all being
young offenders, are all before me. They seek quashing by consent so
that they can move on in their life since the present criminal
proceedings deter their future prospects. I have interacted with them.
Applicants have expressed remorse.
6. The consent Affidavit of complainant dated 19.02.2026 is placed
before this Court. I have perused the same. The parties urge the Court
to put an end to the criminal proceedings. The consent affidavit is
accepted.
7. In view of the above, the Application stands allowed in terms of
prayer clause (b) which reads thus:-
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122. CRI APL-383-26.odt
"b) This Hon'ble Court be pleased to quash and set aside entire
consequent proceedings emanating from the First Information
Report (F.I.R.) vide C.R. No. 005 of 2026 registered with Trombay
Police Station on 06.01.2026 for an offence punishable under
Section 109, 118(1), 351(3), 352, 115(2) and 3(5) of BNS, 2023
and 37(1)(a), 135 of Maharashtra Police Act, 1951 against above-
named Applicants, lodged at the instance of present Respondent No.
2 by exercising its inherent power as provided under Section 528of
the BNSS."
8. It is further clarified that the subsequent proceedings i.e.
chargesheet filed before Sessions Case No. 761/2026 pending on the
file of learned Additional Sessions Judge, Greater Mumbai is also
quashed and set aside.
9. Application is allowed and disposed.
Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
MOHAN AMBERKAR
AMBERKAR Date:
2026.09.12
17:20:47 +0530
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