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Bombay High Court

SUNNY SATISH PATOLEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
APPLICATION ALLOWED

Holding

The application is allowed and the FIR, charge‑sheet and special case are quashed.

Summary

The applicant, Sunny Patole, filed an application to quash FIR No.442 of 2016 and related charge‑sheet and special case pending before the Sessions Court, which alleged offences under IPC, POCSO Act and the IT Act. The victim, respondent No.2, submitted an affidavit stating she was a minor at the time of the alleged incident, does not recall it, is now married to another accused, and does not wish to prosecute. The trial of other co‑accused in a related special case had earlier resulted in acquittal because the victim turned hostile. The applicant was not present for that trial and a supplementary charge‑sheet was later filed against him. Relying on the victim’s current unwillingness to prosecute and the earlier acquittal, the Court allowed the application and quashed the FIR and all consequent proceedings.

Issues considered

  • Whether the FIR and pending criminal proceedings should be quashed on the ground that the victim has withdrawn cooperation and the co‑accused were acquitted.

Legislation cited

Subjects

  • quash
  • FIR
  • victim affidavit
  • POCSO
  • rape
  • acquittal
  • criminal procedure
  • supplementary charge-sheet

Judgment

2026:BHC-AUG:41614-DB
                                                -1-
                                                                965-APPLN-4486-2025

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                          CRIMINAL APPLICATION NO. 4486 OF 2025

              Sunny s/o Satish Patole,
              Age-31 years, Occu.: Education,
              R/o. Talreja Nagar, Piwala Bangla,
              Jalna, Tq. & Dist. Jalna.                           … Applicant

                          Versus

              1.   The State of Maharashtra,
                   Through Police Station Sadar Bazar,
                   Jalna, Tq. & Dist. Beed.

              2.   XYZ                                            … Respondents

                                              ......
              Advocate for Applicant : Mr. Prasad Balasaheb Kadam
              APP for Respondent - State : Mr. D. J. Patil
              Advocate for Respondent No.2 : Mr. Ganesh P. Darandale
                                              ......

                                          CORAM : HITEN S. VENEGAVKAR, J.
                                             DATED : 3rd SEPTEMBER 2026
              ORDER :

              1.          Heard    learned    Advocate   for   applicant,   learned

              Assistant Public Prosecutor on behalf of respondent – State and

              also learned Advocate for respondent No.2.



              2.          The present application is filed seeking quashing of the

              FIR bearing No. 442 of 2016, dated 12.08.2016, registered with

              Sadar Bazar Police Station, Jalna, Taluka and District Jalna, for

              offences punishable under Sections 376(A), 506 read with Section
                                 -2-
                                                  965-APPLN-4486-2025

34 of Indian Penal Code and under Section 3, 4, 11(i) & (v) and 12

of Protection of Children from Sexual Offences Act (POCSO Act)

and under Section 66-E of the Information Technology Act, 2000

and also the consequential charge-sheet and Special Case No. 228

of 2025 pending on the file of the learned Special Court and

Additional Sessions Judge, Jalna along with all the consequential

orders passed therein.



3.         At the outset, it is submitted that respondent No.2, who

is the victim of the offence, has filed an affidavit dated 02.09.2026

today in the proceedings, stating that, when the incident has taken

place, the victim was a minor and the crime is old, and she does not

remember the incident. She further states that, the victim has

married with accused No.1 Prashant and is happily residing with

him. She states that she has no knowledge as to how the name of

the applicant came to be recorded in the FIR. However, she

reiterates that, now she is married to accused No.1 and residing

happily at the matrimonial house with her husband, children and

in-laws, she does not want to prosecute the criminal proceedings

against the present applicant.



4.         The other factor which needs to be referred to is that

the trial which was conducted against the other co-accused persons
                                 -3-
                                                  965-APPLN-4486-2025

being Special Case (Child) No. 62 of 2016 has also culminated in

acquittal by judgment and order dated 03.01.2018. Even the Trial

Court, in the said judgment, has recorded that the victim has not

supported the case of the prosecution and has turned hostile. On

that basis, acquittal has been granted to all the other accused

persons.



5.           The record indicates that the present applicant, at the

relevant time, was not available for trial, and therefore,

supplementary charge-sheet came to be filed against him and the

present case, being separated, is being tried against the present

applicant.



6.           Without considering the merits of the matter, taking

into consideration that the trial has culminated in acquittal and the

affidavit dated 02.09.2026 filed by respondent No.2-victim before

this Court, as recorded above, there is no reason why the applicant

should be put to the agony of facing the entire trial when the victim

herself does not want to proceed with the prosecution.



7.           In light of the above, the application stands allowed.

Hence, the following order :
                               -4-
                                                965-APPLN-4486-2025

                             ORDER

(I)        The Criminal Application stands allowed.


(II)       The FIR bearing No.442 of 2016, dated 12.08.2016,
registered with Sadar Bazar Police Station, Jalna, Taluka and
District Jalna, along with the consequential charge-sheet, Special
Case No. 228 of 2025 pending before the District and Sessions
Judge, Jalna as well as order issuing process and consequential
proceedings arising therefrom are quashed and set aside.



(III)      The interim applications and interim reliefs, if any,
stands disposed of.



                                     (HITEN S. VENEGAVKAR)
                                            JUDGE




Tandale


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