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Bombay High Court

RAVI VINAYAK RAKSHANKARversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Allowed

Holding

The High Court exercised its inherent power under Section 482 CrPC to quash the FIR, charge sheet, and the Sessions case in the interest of justice.

Summary

The applicant filed an application under Section 482 of the Criminal Procedure Code seeking to quash FIR No. 305/2016 and the charge sheet filed in Sessions Case No. 6/2017 for offences under Sections 376, 406 and 313 of the IPC. Both parties are adults who knew each other, and ten years have elapsed without the trial commencing. The complainant submitted a consent affidavit expressing a desire to move on and asked for the proceedings to be quashed. The applicant also expressed remorse and supported the request. The Court, after considering the consent of the complainant and the long delay, exercised its inherent power under Section 482 to quash the criminal proceedings in the interest of justice, thereby also setting aside the Sessions case. The petition was allowed and disposed of.

Issues considered

  • Whether the High Court can quash pending criminal proceedings under Section 482 CrPC when the complainant consents and there is a substantial delay in prosecution.

Legislation cited

Subjects

  • quash
  • Section 482 CrPC
  • consent affidavit
  • delayed prosecution
  • rape
  • criminal breach of trust
  • attempt to commit offence
  • interest of justice

Judgment

                                                                      128. APL-802-26.odt


Amberkar

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION


                           CRIMINAL APPLICATION NO. 802 OF 2026

           Ravi Vinayak Rakshankar                          .. Applicant
                      Versus
           The State of Maharashtra & Anr.                  .. Respondents
                                       ....................
            Ms. Akshata Barode a/w Mr. Rajesh Poojari i/by Mr. Sugandh K.
             Zende, Advocates for Applicant
            Mr. Yogesh M. Nakhwa, APP for State
            Mr. Kamlesh N. Gujar, Advocate for Respondent No. 2
                                           ...................
                                          CORAM : MILIND N. JADHAV, J.
                                          DATE          : SEPTEMBER 11, 2026
           P. C.:

           1.       Heard Ms. Barode, learned Advocate for Applicant; Mr. Nakhwa,

           learned APP for State and Mr. Gujar, learned Advocate for Respondent

           No. 2.


           2.       Present Application is filed under Section 482 of the Code of

           Criminal Procedure, 1973 seeking to quash the C.R. No. 305/2016

           registered with Charkop Police Station and charge sheet filed before

           Hon'ble Sessions Case No. 6/2017 under Sections 376, 406 and 313 of

           IPC against the Applicant herein.


           3.       Both the parties are adults rather were adults even otherwise at

           the time of the incident in question and knew each other well. Even




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                                                      128. APL-802-26.odt


after 10 years chargesheet having been filed, the trial has not

commenced.


4.    The prosecutrix is present in court. She has filed her consent

affidavit dated 17.03.2026 which is appended at page Nos. 101-103

of Petition. She has persuaded the Court to quash the present criminal

proceedings since she has moved on in her life and to end the

ignominy of a pending criminal prosecution.


5.    Applicant is also present in Court. He also persuades the Court

to quash the proceedings and expresses remorse at what has

happened.


6.    Though at first blush, it may appear that an offense for which

the FIR is registered would be an offense against the Society at large

and would have a societal impact, however, in the           facts and

circumstances of the present case which are placed before me, they

persuade me to consider the request made by the parties, and more

particularly, the Complainant.


7.    In view of the above, I am inclined to allow the Application so

that the parties can move ahead in life with their respective lives.

Hence, the Application is allowed in terms of prayer clause (a) which

reads thus:-




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                                                                                                 128. APL-802-26.odt


                                         "a)    That this Hon'ble Court may be pleased to issue appropriate order or
                                                direction quashing the C.R. No. 305/2016 registered with Charkop
                                                Police Station and charge sheet filed before Hon'ble Sessions Case
                                                No. 6/2017 under Sections 376, 406 and 313 of IPC against the
                                                Applicant herein in the interest of justice."

                                   8.    It is clarified that as a consequence of allowing present

                                   Application, Sessions Case No. 6 of 2017 which has been filed before

                                   the Additional Sessions Judge, Dindoshi, Mumbai is also quashed and

                                   set aside.


                                   9.    Petition stands allowed and disposed of accordingly.




    Amberkar                                                                 [ MILIND N. JADHAV, J. ]

             Digitally signed by
RAVINDRA RAVINDRA
         MOHAN
MOHAN    AMBERKAR
AMBERKAR Date: 2026.09.12
             17:29:05 +0530




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