ABHISHEK DAYASAGAR KADAMversusTHE STATE OF MAHARASHTRA AND ANR

P.H. JAYANI                                             904 WP1838.2026.DOC


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION
           CRIMINAL WRIT PETITION NO. 1838 OF 2026

1. Abhishek Dayasagar Kadam
2. Sunita Dayasagar Kadam
3. Pratiksha Shriprasad Thorat                          …. Petitioners
      V/s.
The State of Maharashtra and anr.                      …Respondents


Adv. Nishi N. Jain a/w. Adv. Gautam P. Khobragade and
Ms. Bhavika Hodar i/b. Mr. Pradyumna Sharma for the
Petitioners.
Mr. H.J. Dedhia, APP for the Respondent No.1 – State.
Mr. Vaibhav Choudhari (through VC) for Respondent No.2.


                            CORAM:       SHYAM C. CHANDAK, J.
                            DATED :      24th SEPTEMBER, 2026
P.C. :-
1.        Present petition seeks to quash and set-aside the FIR
bearing Cr.No.245/2025 registered with Kharghar Police Station,
Navi Mumbai for the offence punishable under Sections 69 and
115(2) of Bharatiya Nyaya Sanhita, 2023 (“BNS”) and Sections 3(1)
(w)(i) and 3(2)(va) of the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989 (“SC&ST Act”), on the
report dated 11.06.2025 filed by the Respondent No.2, (“the
victim”) against the petitioners, the consequent Special Case
No.163 of 2025 pending before the learned Special Court, at
Panvel and the Order dated 14.07.2025 passed by the learned
Special Court, thereby taking cognizance of the said offence.
2.        Heard learned Counsel for the parties. Perused the record.
3.        The prosecution case is that the victim met with petitioner
No.1 through a social media which led them to meet with each-
other and establishing love relationship between them. The victim
alleged that thereafter, under the false pretext of marriage, the

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P.H. JAYANI                                            904 WP1838.2026.DOC



petitioner No. 1 repeatedly committed sexual intercourse with her
against her will on different dates and places. It is alleged that,
ultimately, petitioner No.1 refused to marry her due to her caste
and the other petitioners abetted him in the said act and also
abused her on caste. Therefore, the impugned FIR came to be
registered and investigation led to filing of charge-sheet.
4.       Learned Advocates for the parties state that, now, the
petitioners and the victim have amicably settled their dispute. The
victim has consented and given her no objection to quash the
impugned FIR. Mr. Choudhari, learned Advocate tendered an
Affidavit sworn by the victim to that effect. It is taken on record
and marked ‘X’.
5.       The victim is present in the Court. She is identified by Mr.
Choudhari. She has reiterated the contents of the Affidavit. The
victim has stated that the FIR was filed out of misunderstanding
between the parties. The physical relationship between her and
petitioner No.1 was consensual. Therefore, she does not want to
prosecute the petitioners in the said case. She is firm on her stand
and, the same stand she would take before the trial Court. Even
otherwise, the text of the FIR indicates that the relationship
between the two was with consent of each-other, but, certain
dispute, caused the victim to file the said FIR.
6.       In the wake of above, no purpose would be served by
continuing the criminal proceedings arising out of the subject
matter FIR. As a result, I am inclined to allow the petition.

7.       As I have expressed my opinion for quashing of the present
crime, learned Advocates for the petitioners on instructions,
submitted that, the petitioners will voluntarily pay a cost of
Rs.75,000/- within a period of two weeks from the date of




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                     P.H. JAYANI                                                904 WP1838.2026.DOC



                     uploading of the Order. The said statement is accepted as an
                     undertaking given to this Court.

                     8.       Thus, the petition is allowed and following Order is passed :-
                              (i)    Criminal Writ Petition No.1838 of 2026 is allowed.

                              (ii)   The   impugned        FIR       bearing   Cr.No.245/2025
                              registered with Kharghar Police Station, Navi Mumbai for
                              the offence punishable under Sections 69 and 115(2) of BNS
                              and Sections 3(1)(w)(i) and 3(2)(va) of the SC&ST Act, the
                              proceedings in consequent Special Case No.163 of 2025
                              pending before the learned Special Court, at Panvel and the
                              Order dated 14.07.2025 passed by the learned Special
                              Court, thereby, taking cognizance of the said offence, are
                              quashed and set aside.

                     9.       The petitioners are directed to pay a cost of Rs.75,000/- to
                     the Armed Forces Battle Casualties Welfare Fund’ within a period
                     of two weeks from the date of uploading of the present Order on
                     the official website of the High Court of Bombay and the payment
                     receipt(s) shall be submitted in the Registry of this Court. Details
                     of the bank account for payment of cost are as under :-
                       Saving Account Name      :- Armed Forces Battle Casualties Welfare
                                                   Fund (AFBCWF)
                       Bank Name                :- Canara Bank Ltd. DoD, South Block
                       Branch Name              :- South Block, Defence Headquarters,
                                                   New Delhi – 110011.
                       S/v. Account Number      :- 90552010165915
                       IFSC Code                :- CNRB0019055


                     9.1      List this petition on 23rd October 2026, ‘for recording
                     compliance’.


         Digitally
         signed by
         PREETI
PREETI HEERO                                            (SHYAM C. CHANDAK, J.)
HEERO JAYANI
JAYANI Date:
       2026.10.05
         17:19:46
         +0530

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