Bombay High Court
PRAVIN WAMAN PAGAREversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Allowed
Holding
The Court held that, on the complainant’s consent and in accordance with the Lovely Salhotra precedent, the FIR may be partially quashed against the petitioner.
Summary
The petitioner, a 73‑year‑old senior citizen, was named as Accused No.6 in FIR No. 121/2018 for causing simple hurt during a land‑dispute‑related assault. The complainant, a woman, consented to the quashing of the FIR against the petitioner. Relying on the Supreme Court’s decision in Lovely Salhotra v. State, the Court held that a FIR may be partially quashed by consent of the parties. Accordingly, the petition for partial quashing of the FIR against the petitioner was allowed. The FIR was partially quashed to the extent of the offences under Sections 143, 147, 323, 504, 506 and 427 IPC, and the criminal writ petition was disposed without any order as to costs.
Issues considered
- Whether an FIR can be quashed, wholly or partially, by the consent of the complainant and the accused under criminal procedure law.
- Whether the Supreme Court precedent in Lovely Salhotra v. State permits partial quashing of an FIR in the present facts.
Legislation cited
- Indian Penal Code, 1860 — s. 143, 147, 323, 427, 504, 506
Subjects
- quash FIR
- consent
- criminal procedure
- simple hurt
- land dispute
- senior citizen
- partial quash
- IPC sections 143,147,323,504,506,427
- criminal writ petition
Judgment
144.WP.1719.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1719 OF 2026
Pravin Waman Pagare .. Petitioner
Versus
State of Maharashtra and Anr. .. Respondents
....................
Mr. Ramchandra Wagh, Advocate i/by Mrunmai Rokade for
Petitioner.
Mr. Sukanta A. Karmakar, APP for Respondent – State.
Mr. Siddharth R. Ghodke a/w. Mr. Swapnil Kolokhe, Advocates for
Respondent No.2.
......…...........
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 11, 2026.
P.C.:
1. Heard Mr. Wagh, learned Advocate for Petitioner; Mr.
Karmakar, learned APP for Respondent – State and Mr. Ghodke,
learned Advocate for Respondent No.2.
2. In the present case, Petitioner is arraigned as Accused No.6
of having caused simple hurt to the Complainant in view of a dispute
regarding crop plantation in the field. It is seen that the parties are
related to each other and the incident occurred on account of land
dispute and verbal abuse led to assault and damage. First Information
Report was filed.
3. The incident is of the year 2018. Complainant is present
before the Court. She is a woman. She submits that her Affidavit of
consent for quashing the FIR qua Petitioner, who is a senior citizen and
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144.WP.1719.2026.doc
73 years old should be quashed and set aside.
4. Adhering to the request made by the learned Advocates at
the Bar and the parties who are both present before me and looking at
the incident in question and no specific role whatsoever attributed to
Petitioner before me, I am inclined to accept the request made and
allow the present Petition for partial quashing, which is permissible in
terms of the decision of the Supreme Court in the case of Lovely
Salhotra and Anr. Vs. State of NCT Delhi and Anr.1.
5. The Petition stands allowed and the FIR stands partially
quashed to the extent of and against Accused No.6.
6. In this view of the above, the learned Advocates persuade
the Court to allow the Petition by consent quashing. The Petition
stands allowed in terms of prayer clause (b) which reads thus:-
“b) Quash and set-aside FIR lodged at Saikheda Police Station
bearing FIR No. 121/2018 dated 17/12/2018 for the
offences punishable under Section 143, 147, 323, 504,
506 and 427 of the Indian Penal Code by consent of
respondent no. 2 qua only present petitioner. ”
7. In view of the above, Criminal Writ Petition is disposed.
8. However, there shall be no order as to costs.
[ MILIND N. JADHAV, J. ]
Ajay
Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date: 2026.09.12 1 Criminal Appeal No.670 of 2017 decided on 10th April 2017
16:30:49 +0530
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