Bombay High Court
AMRINA M FERNANDES @ AMRINA ZAVERIversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The Court held that, given the parties’ voluntary settlement and the non‑grievous nature of the offences, the FIRs and related proceedings may be quashed under the High Court’s inherent power under Section 528 of the Bharatiya Nyaya Sanhita, and the intervenor’s objection was dismissed.
Summary
The Bombay High Court dealt with a group of six writ petitions and one interim application seeking consent quashing of four FIRs and a criminal case arising from a lift‑incident on 19‑Nov‑2025 that resulted in a miscarriage. The petitioners, who were the accused, and the complainants mutually agreed to settle the matter and filed consent affidavits stating the assault was impulsive, non‑premeditated and that they wished to move on. The State opposed the quashing, arguing that the offences (including assault, extortion and causing miscarriage) were serious, non‑compoundable and that the intervenor had locus‑standi to object. The Court examined the scope of the High Court’s inherent power under Section 528 of the Bharatiya Nyaya Sanhita (mirroring Section 482 of the CrPC), the nature of the offences, and whether the consent was free of duress. Finding the parties’ settlement genuine, the offences not gravely affecting society, and the intervenor lacking any substantive interest, the Court exercised its inherent jurisdiction to quash all four FIRs, the related charge‑sheets and pending proceedings, while imposing exemplary costs on the petitioners in two petitions. The interim application by the intervenor was dismissed.
Issues considered
- The propriety of exercising inherent jurisdiction under Section 528 BNS/Section 482 CrPC to quash FIRs on the basis of consent.
- Whether the offences alleged (assault, extortion, causing miscarriage) are compoundable or non‑compoundable for the purpose of consent quashing.
- The validity and voluntariness of the consent affidavits filed by the complainants.
- The locus‑standi of an intervenor who is neither a complainant nor an accused to oppose consent quashing.
- Whether public interest and societal impact preclude quashing of the FIRs.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 118(1), 118(2), 28, 308(2), 308(4), 308(7), 3(5), 351(2), 528, 61(2), 74, 79, 89
- Code of Criminal Procedure, 1973 — s. 161, 162, 482
Subjects
- consent quashing
- inherent jurisdiction
- Section 528 BNS
- Section 482 CrPC
- compoundable offence
- locus standi
- extortion
- miscarriage
- FIR quashing
- high court order
Judgment
WP.207.2026 with Group.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.207 OF 2026
Amrina M. Fernandes @ Amrina Zaveri .. Petitioner
Versus
The State of Maharashtra and Ors. .. Respondents
WITH
WRIT PETITION NO.1140 OF 2026
Rhythm Arvind Goyal .. Petitioner
Versus
The State of Maharashtra and Anr. .. Respondents
WITH
WRIT PETITION NO.1139 OF 2026
Tanay Jitendra Shah .. Petitioner
Versus
The State of Maharashtra and Anr. .. Respondents
WITH
WRIT PETITION NO.1192 OF 2026
Amrina M Fernandes @ Amrina Zaveri .. Petitioner
Versus
The State of Maharashtra and Ors. .. Respondents
WITH
WRIT PETITION NO.1306 OF 2026
Valentine Fransico Silveira .. Petitioner
Versus
The State of Maharashtra and Ors. .. Respondents
WITH
INTERIM APPLICATION NO.1394 OF 2026
IN
WRIT PETITION NO.1306 OF 2026
Deepak Ravi Kapoor .. Applicant
IN THE MATTER BETWEEN:
Valentine Fransico Silveira .. Petitioner
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Versus
The State of Maharashtra and Ors. .. Respondents
WITH
WRIT PETITION NO.1584 OF 2026
Hemlata Aditya Patkar @ Hemlata Bane @ Bane .. Petitioner
Versus
The State of Maharashtra and Ors. .. Respondents
....................
Mr. Abad Ponda, Senior Advocate a/w. Mr. Shivamsinh Deshmukh
and Mr. Dwarkesh B. Chavda, Advocates for Petitioner in Writ
Petition Nos.1140 of 2026; 1139 of 2026; Respondent No.2 in Writ
Petition No.1192 of 2026; for Respondent No.7 in Writ Petition
No.1306 of 2026 and Respondent No.8 in Writ Petition No.207 of
2026.
Mr. Meghashyam Kocharekar a/w. Mr. Bahraiz Irani, Mr. Shane
Santos, Mr. Amit Padwal, Mr. Anosh Irani, Ms. Afrin Dalal and Ms.
Aafreen Bano, Advocates for Petitioner in Writ Petition Nos.1192 of
2026, 207 of 2026 and 1306 of 2026 and for Respondent in Writ
Petition Nos.1140 of 2026 and 1139 of 2026.
Mr. Prabhakar B. Parse, Advocate i/by Ms. Hemlata Patkar for
Petitioner in Writ Petition No.1584 of 2026.
Mr. Chetan Gogawale, Advocate for Intervenor in Interim
Application No.1394 of 2026.
Mr. Shishir S. Hiray, Chief Public Prosecutor a/w. Mr. Yogesh M.
Nakhwa, APP for Respondent – State.
Mr. Akash Waghmare, PSI, Amboli Police Station in Writ Petition
No.1192 of 2026.
Mr. Rupesh Patil, (DCB, CID), A.E. Cell.
Mr. Arun Thorat, PI CBI Crime.
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 11, 2026
P.C.:
1. Heard Mr. Ponda, learned Senior Advocate Petitioner in Writ
Petition Nos.1140 of 2026; 1139 of 2026; for Respondent No.2 in Writ
Petition No.1192 of 2026; for Respondent No.7 in Writ Petition
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No.1306 of 2026 and for Respondent No.8 in Writ Petition No.207 of
2026; Mr. Kocharekar, learned Advocate for Petitioner in Writ Petition
Nos.1192 of 2026, 207 of 2026 and 1306 of 2026 and for Respondent
in Writ Petition Nos.1140 of 2026 and 1139 of 2026; Mr. Gogawale,
learned Advocate for Intervenor in Interim Application No.1394 of
2026; Mr. Parse, learned Advocate for Petitioner in Writ Petition
No.1584 of 2026 and Mr. Hiray learned CPP a/w. Mr. Nakhwa,
learned APP for Respondent – State
2. All the above 6 Writ Petitions along with 1 Intervention
Application are decided together by this common order by virtue of
report dated 01.09.2026 submitted by the I/c Registrar Judicial – I
pursuant to order dated 31.08.2026 passed by this Court.
3. This is a group of 6 Writ Petitions and 1 Intervention
Application. Though there are 4 different First Information Reports
(for short “FIR”) registered qua the offences concerned, they are all
linked to each other in seriatim and are having common parties or
friends and relations of common parties who are involved as parties.
FIR No.1102 of 2025 is filed first in point of time on 19.11.2025.
Second FIR No.1127 of 2025 is filed on 23.11.2025. Third FIR No.676
of 2025 is filed on 24.12.2025. Fourth FIR being CR No.126 of 2025 is
filed on 27.02.2026. Quashing by consent is sought by all parties
namely Complainants and Accused persons in all 4 FIRs. All
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complainants are present before Court. Intervention Application which
is filed by a third party to oppose consent quashing of the third FIR
only. Intervenor does not object to quashing of the other two FIRs /
CR.
Writ Petition No.1139 of 2026 and Writ Petition No.1140 of 2026 (For
quashing of FIR No.1102 of 2025 dated 19.11.2025).
4. Writ Petition No.1139 of 2026 is filed by Tanay Jitendra
Shah (arraigned as Accused No.1) for quashing of FIR and Chargesheet
No.1102 of 2025 dated 19.11.2025 registered with Amboli Police
Station for offences punishable under Sections 74, 79, 89, 118(1), 3(5)
of Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and all
consequential proceedings arising therefrom including chargesheet and
Sessions Case No.72 of 2026 pending before Sessions Court at
Dindoshi, Mumbai.
5. Writ Petition No.1140 of 2026 is filed by Rythym Arvind
Goyal (arraigned as Accused No.2) for quashing of FIR and
Chargesheet No.1102 of 2025 dated 19.11.2025 registered with
Amboli Police Station for offences punishable under Sections 74, 79,
89, 118(1), 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short “BNS”)
and all consequential proceedings arising therefrom including
chargesheet and Sessions Case No.72 of 2026 pending before Sessions
Court at Dindoshi, Mumbai.
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6. The Complainant in the aforementioned two Writ Petitions is
Respondent No.2. In both Petitions, advocates for Petitioners and
Complainant are present in Court. Both Petitioners are in jail.
Complainant is present in Court. Parties seek quashing of FIR by
consent. Incident occurred in the intervening night of 14.11.2025 and
15.11.2025 at around 2:30 a.m. inside the lift of Complainant's
workplace establishment in Mumbai where 5 persons were present
namely liftman / watchman, both Petitioners, Complainant and an
unidentified female later identified to be sister of Tanay J. Shah
(Accused No.1). Complainant was 8 months pregnant which was not to
the knowledge of both Petitioners. A verbal scuffle ensured between
them when it is alleged that Accused No.2 pointed a laser light at
Complainant. This led to a physical fight between them and Accused
No.1 struck Complainant on her head with the laser device causing
bleeding. The liftman intervened but he too was assaulted. According
to prosecution case, by the time the lift reached Ground floor, both
Petitioners tuned hostile and assaulted Complainant in her stomach
and pushed her to the ground. Cross complaint is also filed by sister of
Accused No.1 stating a different version. Complainant was rushed to
hospital by her work colleagues. On the following day, Complainant
experienced severe pain and underwent sonography as she was 8
weeks pregnant, whereafter she was informed about having suffered a
miscarriage. FIR was lodged on 19.11.2025. Investigation is
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completed.
7. Insofar as this incident is concerned, Complainant and her
Advocate are before Court and both Petitioners are duly represented by
Advocates. This incident led to filing of 3 further FIRs to which I will
advert to hereinunder while dealing with those Writ Petitions
separately for consent quashing. Insofar as present offence is
concerned, Complainant has filed her consent affidavits separately in
both Writ Petitions which are dated 12.03.2026 respectively. I have
perused both consent affidavits and heard the parties. Complainant is
present before me and urges the Court to quash the criminal
proceedings in present FIR against both Petitioners in view of parties
arriving at an amicable settlement and their desire is to put an end to
the criminal proceedings and move on in their respective lives freely.
Complainant expresses herself and states that she would like to
consent for quashing the proceedings, FIR and chargesheet without
any duress, coercion and force. I have interacted with the Complainant
in Court.
8. The State is duly represented by Mr. Hiray, learned Chief
Public Prosecutor and he would contend to the contrary. He would
submit that both Petitioners are inside jail as a result of their heinous
act of causing death of an unborn person, but as a consequence of
consent quashing, they would now be released from jail and stand
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exonerated, if so accepted by Court at the behest of the parties. He
would however make a much larger point for Court’s consideration and
submit that act of assault of Petitioners in this case is not only a violent
act but should be construed as an offence against Society at large. He
would vehemently argue that the offence committed by both
Petitioners is against an unborn person in the present case and it is
duty of the Court to protect the right of such unborn person who can
otherwise have no legal representation. He would passionately
persuade the Court to consider rejecting plea of consent quashing in
view of the gravity of the act resulting in ending the life of an unborn
person. However when a pointed question regarding Petitioners having
knowledge of the fact whether Complainant was 8 weeks pregnant is
put to him, he in his usual fairmindedness would attempt to answer
the question differently by arguing that in view of the facts in the
present case, Court will have to conclude that knowledge of Petitioners
would be irrelevant and immaterial since no prudent person could
otherwise assault a woman mercilessly which would lead to
miscarriage. Hence he would persuade the Court to dismiss both
Petitions, since according to prosecution in effect parties are
attempting to compound the criminal act / offences which is an
extremely grievous act and power of compounding should not and
cannot be exercised in such cases.
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9. I have heard the learned Advocates appearing for the
respective parties at the bar and with their able assistance, perused the
entire record of the case.
10. Though admittedly a very grievous and unforgettable
incident has occurred causing severe suffering and trauma to
Complainant which undoubtedly cannot be reversed by any of the
parties before Court or by any means. The Prosecutor has filed
Affidavit In Reply dated 30.03.2026 in both Petitions separately to
oppose both Petitions and seek rejection. I have gone through the
same. The Complainant is present before the Court and I have
interacted with her qua her consent affidavits. Mr. Ponda appears for
both Petitioners and Mr. Kocharekar appears for Complainant. In her
consent affidavit, Complainant in paragraph Nos. 3, 4 and 5 has stated
as under:-
“3. I say that when the incident occurred, the emotions were
very high and the atmosphere was emotionally charged. The
situation was highly traumatic, and all logical thinking was
grossly affected to a large extent. Rational thinking was semi-
paralysed. As far as the allegation made by me is concerned,
after peaceful deliberation, I have to say that it all started with
the accused pointing a laser at me to which I objected that gave
rise to a scuffle, on account of which, the miscarriage happened.
In hindsight, it is apparent that the accused, Rhythm Goyal or
his associates, did not know me. Obviously, there was no
premeditation. What happened in the heat of the moment
between us in the lift, on wiser thinking and peaceful
deliberation, can be attributed to an impulsive act of immaturity
committed without any intention of doing the same. I say that
this has been extremely traumatic for me and my husband, and
even today it remains traumatic. From the incident till date it is
as if my life and that of my husband has virtually come to a
stand-still and we continue to be haunted by this case virtually
suffocating our future. I want to proceed further with my life,
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but the pendency of these proceedings has become a source of
great mental discomfort. It is affecting my marriage and my
peace of mind. I want to move on in life and close these matters
at once.
4. I say that, with the intervention of well-wishers and elders,
and in order to secure peace and avoid further litigation, the
disputes and misunderstandings have been resolved amicably
between me and the Petitioner and the concerned parties. I state
that I do not desire to continue the criminal proceedings arising
out of the aforesaid FIR and the consequential proceedings.”
5. I say that I am executing this Affidavit voluntarily, out of my
free will, and without any force, coercion, threat, undue
influence, pressure, or inducement from any person whatsoever.
I fully understand the contents of this Affidavit and the
consequences of giving this consent / no objection.”
11. What Complainant has stated has been affirmed by her.
Complainant has stated that Petitioners did not know her. She has
referred to a scuffle leading to the unfortunate incident in question and
states that according to her it was not premeditated and it happened in
the virtual heat of the moment inside the lift. However most
pertinently wish of Complainant and reasons for consent quashing
which follow next in paragraph No.3 is what I am inclined to consider
as per her request. The long lasting effects of a criminal prosecution
can be traumatic for any Complainant in a given case especially when
she is a woman. Complainant has stated that her family life was / has
been extremely distressed and disturbed after the incident and more so
because of pendency of the present criminal proceedings which led to a
great mental discomfort to her virtually suffocating her life. Without
amplifying any further, I fully agree with the sentiments expressed by
her when she states this, especially in the backdrop of the above
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incident and more importantly after what followed thereafter which is
going to be considered by me for determining the other Writ Petitions
for consent quashing wherein three further FIRs were registered in
quick succession qua different offences, but all linked to this principal
incident in question. Hence I am inclined to accept the consent
affidavits filed by Complainant as genuine and filed by her without
coercion or duress whatsoever for consent quashing after hearing
parties and considering the overall facts. Though Mr. Hiray would be
otherwise right in his contentions, Court will have to make a
considered decision on the basis of the pleadings for excersing its
power under Section 482 for consent quashing. Hence I am not
inclined to consider Mr. Hiray’s request for rejection of the Petitions.
12. Needless to state that appropriate orders will be passed qua
both Petitioners so that Petitioners cannot be allowed to be exonerated
so lightly in view of their serious act of assaulting a woman in a public
place, no matter what the provocation and / or reason could be in any
circumstances. No one present in Court qua the other parties in the
companion Writ Petitions takes any objection, save and except the
State for consent quashing in these 2 Petitions and the State’s objection
is recorded and considered.
13. Section 482 of the Criminal Procedure Code, 1973 conferred
inherent powers on High Courts to pass such orders as are justified to
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give effect to any order in the Court, prevent abuse of process of any
Court or secure the ends of justice. In the BNSS this provision stands
incorporated with Section 528 which substantially reproduces the
language and intent of Section 482 of the CRPC, 1973 High Courts
invoke this provision to step in where cases have been instituted with
malafide motives or to harass the accused person thereby avoiding
procedural harassment. It empowers Court to dismiss FIRs or criminal
proceedings if there is no prima facie case or evidence against the
accused person/s or if orders are made in violation of the principles of
natural justice. The exercise of such powers under Section 482 of CRPC
and now Section 528 of BNSS remains discretionary and varies from
case to case.
14. In State of Harayana vs Bhajan Lal1 the Supreme Court laid
down model categories and guidelines in paragraph No. 102 of the
said judgment in which the FIRs can be quashed. The Supreme Court
has further asserted that power under Section 482 is an
acknowledgment of "powers inherent" and not the source of powers
additional. It has held that even non compoundable offences can be
quashed where necessary. It has held that High Courts have to decide
whether the prosecution of an offence would further or be against the
interest of justice. It is also held that grievous offences such as murder,
rape, and dacoity cannot ordinarily be quashed even after settlement
1 1992 AIR 604
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because they involve societal implication.
15. In the above context, when parties settle their private dispute
or the lis between them is purely civil and commercial or matrimonial
and the offence is not heinous or does not impact the society at large,
the Court can consider such request. In such a case awarding costs for
putting the criminal law into motion on the act of the accused persons
and thereafter both parties seeking quashing of proceedings by
consent, in my opinion, can be considered by Court which can impose
costs on the parties, especially so in matters coming before the Court
by “consent quashing”.
16. For above levy of costs the legal principle rests on the logic
that criminal law cannot be used as a bargaining chip or a tool for
private settlements after draining the State and judicial resources. In
simple words, Courts cannot be used as a recovery mechanism to settle
scores and/or bring the parties into subjugation. I am of the firm
opinion that imposition of costs in consent quashing matters is
required to be levied for three main reasons viz., wastage of public
resources, consumption of valuable judicial time and for deterrence
against vexatious litigation. This is because after criminal machinery
is set into motion, the Police Department is forced to take cognizance,
conduct investigations, attend courts, deploy personnel, collect
evidence and draft chargesheets, all using public funds/ public
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exchequer. Equally substantial judicial time of the Trial Courts and
Sessions Courts is wasted for handling a case, presentation of a case,
issuance of summons, scheduling of trial dates, appointment of
prosecutors and their fees, etc. and ultimately if consent quashing is
allowed such judicial time stands completely wasted, which could have
otherwise been used for genuine Trial Court matters/ litigation in one
way such matters result in clogging the legal system and lead to
humongous pendency which becomes difficult to tackle.
17. Another aspect to consider for imposing costs is that it curbs
the growing trend of filing strategically exaggerated criminal
complaints (especially matrimonial or commercial disputes) simply to
force financial and legal settlements. This aspect is considered with the
other Petitions for consent quashing. In a given case made out on
merits of the matter, even the Complainant can be put to costs while
considering a quashing Petition purely on merits depending upon the
facts of each case before Court. In some strong circumstances, even the
State machinery can be put to costs if a purely civil dispute between
parties strongly emanating from the facts on record is registered as
criminal case and given the flavor of criminality. This Court is also
equally conscious about not imposing costs blindly or mechanically if a
particular party is not found to be remiss or at explicit fault for abusing
the law, as also conscious about heinous offences impacting the society
at large while considering consent quashing.
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18. Applying the aforesaid principles to the facts of the present
case, though the consequential act / incident resulted in a very serious
accident / result however, not having knowledge being one of the
principal reason and the incident having occurred on the spur of the
moment without predetermined intent or premeditation and most
importantly adhering to the wish of the Complainant and her stance in
her affidavits, that if Petitions are rejected, not only the ignominy of
the Complainant will be protracted further, but the trial will take a
long time to conclude and it would cause further trauma to the
Complainant, present Petitions are considered. Though parties have
settled the matter amongst themselves amicably and desire to move on
in their lives, especially when Complainant expressly so desires, the act
of both the Petitioners being violent leading to filing of Complaint and
its after effects being serious, I am inclined to levy exemplary costs on
both the Petitioners to be paid to charity as directed by the Court
hereinunder for allowing these two Petitions by consent quashing.
Hence in the above circumstances, I am of the opinion that the
Petitioners for their actions resulting in the complainant invoking
criminal proceedings and setting criminal law into motion and now
both parties seeking quashing by consent and, Petitioners being
primarily responsible, they should pay costs. Hence, Petitioners are
directed to pay costs to charity. Petitioner in Writ Petition No.1139 of
2026 is directed to pay costs of Rs.1,00,000/- (Rs. One Lakh only)
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towards the Corpus of A.K. Munshi Yojana a trust which runs medical
centres, vocational training centres and which also runs a Special
School called J.T. Sheth Mandbuddhi Vikas Kendra, imparting
education and training to the needs of 150 special children in the field
of Education (Classes for 6 to 18 years), early intervention (upto 6
years) and vocational training (18 years above) having its school
address and building at A.K. Munshi Yojana Chowk, 3 rd Panjarapole
Lane, C.P. Tank, Mumbai – 400 004 [Contact Nos. 22425513 /
22423654] registered under the Society Registration Act, XXI of 1980
under No. : 387/81 GBBSD and the Public Trust Act, XXIX of 1950
under No. F-6809. RCI Reg. No. 0163. Petitioner in Writ Petition
No.1140 of 2026 is directed to pay costs of Rs.1,00,000/- (Rs. One
Lakh only) to Anand Mangal Bahuuddeshiya Sanstha, registered NGO
and Trust situated at Malegaon working at the grassroots level towards
social welfare, holistic upliftment, sustainable community development
of destitutes, marginalized women, elderly persons by providing them
shelter, dignity, daytime care services, medical care, promoting women
empowerment by livelihood training and practical vocational skill
training programs in rural and urban areas, supports skill development
and health care access and emergency relief for vulnerable community
groups and at present providing complete shelter, nutritious meals and
complete healthcare to 28 destitute seniors and 6 individuals with
intellectual disabilities at their Malegaon Headquarters. The details of
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this Sanstha for payment of costs are as under:-
Name of Bank: Bank Of Maharashtra
Account Number: 60434381304
IFSC Code: MAHB0002075
MICR Code: 423014102
Registered Name: Anand Mangal Bahuuddeshiya Sanstha, Malegaon.
Registration No.: MAHA/2909/Nashik | F-15352 / Nashik,
Office Address: S.No. 39/2/4D/41/1, Plot No.13, Near Panchaganga
Auto Showroom, Malegaon, Dist. Nashik, Maharashtra,
Mobile No.: +91 8208525304.
19. The above costs as directed shall be paid by both the
Petitioners within one week from date of uploading of this order. Both
Petitioners through their learned Advocates agree to pay the aforesaid
costs amount to the above charity.
20. In view of the above, both Petitions are allowed subject to
payment of costs as directed herein above in terms of prayer clause ‘I’
in both Petitions which read thus:-
Writ Petition No.1139 of 2026. (Allowed in terms of prayer clause I).
“I. That, the Hon’ble Court be pleased to quash the impugned
First Information Report bearing no.1102 of 2025 dated
19.01.2026 registered with the Amboli Police Station for the
offences punishable under 74, 115(2), 118(2), 351(2) read with
3(5) of the Bharatiya Nyaya Sanhita, 2023 and all consequential
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proceedings arising therefrom, including the charge-sheet final
report vide Sessions Case No.72/2026 pending before the
Hon’ble Sessions Case at Dindoshi, Mumbai;.”
Writ Petition No.1140 of 2026. (Allowed in terms of prayer clause I).
“I. That, the Hon’ble Court be pleased to quash the impugned
First Information Report bearing no.1102 of 2025 dated
19.01.2026 registered with the Amboli Police Station for the
offences punishable under 74, 115(2), 118(2), 351(2) read with
3(5) of the Bharatiya Nyaya Sanhita, 2023 and all consequential
proceedings arising therefrom, including the charge-sheet final
report vide Sessions Case No.72/2026 pending before the
Hon’ble Sessions Case at Dindoshi, Mumbai;.”
21. List both these Writ Petitions for compliance of the order on
23rd September 2026.
22. Writ Petition Nos.1139 of 2026 and 1140 and 2026 are
allowed and disposed in terms of prayer clause “I” and as a result of
this order of consent quashing of FIR and chargesheet No.1102 of 2025
and Sessions Case No.72 of 2026, both Petitioners are directed to be
released from prison forthwith on the basis of a certified copy of this
order downloaded from the website of the Bombay High Court and on
due compliances in accordance with.
23. Advocates in both Petitions for Petitioners shall remain
present and show compliance on behalf of both Petitioners on the
returnable date for compliance. If they do not remain present and
there is non-compliance of this order, Court will pass appropriate order
for recall of this order, which shall be noted by the Petitioners.
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24. Both Writ Petition Nos.1139 of 2026 and 1140 of 2026 are
allowed and disposed.
Writ Petition No.1192 of 2026 (For quashing of second FIR No.1127 of
2025 dated 23.11.2025).
25. This Writ Petition is filed for consent quashing by Petitioner
– accused person namely Amrina Fernandes, who is the Complainant
in FIR No.1911 of 2025 registered with Amboli Police Station.
Complainant in this Writ Petition is Yashvi Shah, who is the sister of
Tanay Shah (Accused No.1 in FIR No.1911 of 2025). Complainant has
filed this FIR against Petitioner for molestation and outraging her
modesty. It is filed on 23.11.2025 with regard to the incident of
19.11.2025 in the lift which is the subject matter of FIR dated
19.11.2025.
26. According to Complainant, when five persons were going
down in the lift on 19.11.2025 post midnight, Rhythm Goyal, fiance of
Complainant was poking fun amongst the members of the group and
his such loud talk was objected to by Petitioner Amrina Fernandes
which led to a verbal scuffle and a physical fight thereby injuring the
Petitioner on her head. According to Complainant, when the lift landed
on the ground floor, two bouncers assisted the Petitioner and had a
fistfight with Rhythm Goyal and Tanay Shah thereby injuring them. In
this imbroglio, it is the Complainant's case that she was molested
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physically by the bouncers and Petitioner also.
27. Charge sheet is not filed herein. Consent affidavit of
Complainant Yashvi Shah dated 12.03.2026 is placed on record. She is
present in Court. Equally, Petitioner - Amrina Fernandes is also present
in Court. I have interacted with both of them. Both the women desire
that they have amicably settled the dispute and do not desire to carry
on with the criminal proceedings any further and wish to carry on with
their respective lives. They therefore persuade the Court to consider
consent quashing so that the future life of theirs and their family
members is fruitful and happy without the ignominy of the pending
criminal proceedings and mere so when the parties to the principal FIR
have settled the issue amicably and come before the Court. I have
considered the Consent Affidavit of the Complainant – Yashvi Shah
wherein in paragraph Nos.4, 5 and 6 wherein she states as under:-
3. I say that, with the intervention of well-wishers and elders,
and in order to secure peace and avoid further litigation, the
disputes and misunderstandings have been resolved amicably
between me and the Petitioner and the concerned parties. I state
that, I do not desire to continue the criminal proceedings arising
out of the aforesaid FIR and the consequential proceedings.
4. I say that I am executing this Affidavit voluntarily, out of my
free will, and without any force, coercion, threat, undue
influence, pressure or inducement from any person whatsoever. I
fully understand the contents of this Affidavit and the
consequences of giving this consent/no objection.
5. I state that, I have no objection if this Hon'ble Court is pleased
to allow the present Writ Petition and quash FIR bearing No.
1127 of 2025 under Sections 74, 115(2), 118(1), 351(2) read
with 3(5) of the Bharatiya Nyaya Sanhita, 2023 registered at
Amboli Police Station on 23rd November, 2025.
6. I further state that upon quashing of the aforesaid FIR and
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proceedings, 1 shall not raise any grievance and/or claim against
the Petitioner arising out of the allegations forming part of the
said FIR, and I confirm that I do not wish to pursue the said
prosecution.
28. Considering that this complaint would be in the nature of a
cross-complaint otherwise and respecting the views of the two women
who have persuaded the Court who are parties herein, I am inclined to
accept their request for consent quashing. No order is made for costs.
In that view of the matter, Writ Petition No.1192 of 2026 stands
allowed in terms of prayers clause “(a)” which reads as thus:-
“(a) This Hon'ble Court be pleased to issue an appropriate writ, order
or direction calling for the records, papers and proceedings related to
the said FIR being FIR No. 1127 of 2025 dated 23rd November 2025
with Amboli Police Station for offences under Sections 74, 115(2),
118(1), 351(2) an 3(5) of the Bhartiya Nyaya Sanhita, 2023 against
the Petitioner and after going through the legality, propriety and
validity of the same be pleased to quash and/or set aside the same
against the Petitioner;”
Writ Petition No.207 of 2026 (For quashing of third FIR No.676 of
2025 dated 24.12.2025).
29. In this Writ Petition, the FIR is numbered as 676 of 2025
dated 24.12.2025. It is filed by Arvind Goyal, father of Rhythm Goyal
(Accused No.2 in the FIR dated 19.11.2025). The accused person in
this case is Amrina Fernandes (Complainant in FIR dated 19.11.2025).
FIR is filed with N.M. Joshi Marg Police Station with the Anti Extortion
Cell.
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30. According to Complainant, Petitioner has committed the
offence of extortion and the Complainant alongwith the Anti Extortion
Cell had laid a trap in a hotel in Lower Parel where the Petitioner was
cajoled to come and meet him through her common friend called one
Hemlata Patkar @ Hemlata Bane and two other persons.
31. I need not go into the entire details of the trap as also the
facts of this case since both the parties are before me and persuade me
to quash the case by consent. The Affidavit of consent of Arvind Goyal
dated 12.03.2026 is placed on record. He as well as Petitioner Amrina
Fernandes have persuaded me to consider consent quashing of the FIR
in view of the parties having arrived at an amicable settlement with
regard to the principal FIR dated 19.11.2025 pertaining to the incident
in question.
32. In this case, charge-sheet has already been filed. Though
insofar as the charges are concerned, they all emanate with regard to
the incident in question which occurred on 19.11.2025. According to
Petitioner, 3 other persons whose names and details are given in the
Petition and whose statements have also been recorded, cajoled her
and laid a trap to corner her at the instance of Complainant and a false
case has been foisted on her.
33. Be that as it may, since both the parties have vehemently
persuaded the Court to consider consent quashing since they have
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settled the overall issues amicably and desire to move on with their
lives, the Petition is considered. In the Affidavit of consent of Arvind
Goyal who is a senior citizen and father of Accused No.2 in FIR
No.1102 of 2025 dated 19.11.2025, he has stated as under:-
3. I further say that the meetings referred to in the complaint
were held with the intervention of well-wishers. However,
without prejudice I say that, after a lapse of 3 months from filing
of the complaint and upon reasonable thinking I have come to
realize that the offence complained off by me of criminal
intimidation is a compoundable offence and does not amount to
extortion.
4. I say that I am executing this Affidavit voluntarily, out of my
free will, and without any force, coercion, threat, under
influence, pressure or inducement of any person whatsoever. I
fully understand the contents of this Affidavit and the
consequences of giving the consent/no objection.
5. I state that, I have no objection if this Hon'ble Court is pleased
to allow the present Writ Petition and quash the said
Chargesheet arising out of FIR No. 676 of 2025 registered with
N.M. Joshi Margh Police Station, Mumbai, and a corresponding
CR No. 126 of 2025 registered with Anti Extortion Cell, Mumbai,
both registered on 24th December, 2025 for offences punishable
u/s. 308(7) and 61(2) of the BNS Act, 2023 and the consequent
Chargesheet in Case No. PW/206/2026 filed before the 37th Ld.
Additional Chief Judicial Magistrate presiding at Esplanade
Court, Mumbai u/s. 308(2), 308(4), 308(7) and 61(2) of the
BNS Act, 2023.
6. I further state that upon quashing of the aforesaid FIR and
proceedings, I shall not raise any grievance and/or claim against
the Petitioner arising out of the allegations forming part of the
said FIR, and I confirm that I do not wish to pursue the said
prosecution.
34. Considering the request made and more specifically after
hearing Petitioner who is an accused in the present case, who
incidentally despite being a victim and complainant in the incident of
19.11.2025 has put an end to the principal FIR/offence and adhering
to her request, I am inclined to consider the consent Affidavit and
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allow the Petition. The Petition therefore stands allowed in terms of
prayer clause “a” reproduced hereunder:-
“a” This Hon’ble Court be pleased to issue an appropriate
writ, order or direction calling for the records, papers and
proceedings related to the said Crime Branch FIR being FIR
No.676 of 2025 r/w. CR No.126 of 2025 and Chargesheet dated
27.02.2026 filed before the Ld. ACJM 37 th Court, Esplanade
Court Mumbai for offences under sections 308(2), 308(4),
308(7) and 61(2) of the BNSS, 2023 against the Petitioner and
after going through the legality, proprietary and validity of the
same be pleased to quash and/or set aside the same against the
Petitioner.
35. However there shall be no order as to costs.
Writ Petition No.1584 of 2026 (For quashing of FIR No.676 of 2025
and CR No.126 of 2025).
36. In this Writ Petition, the FIR is numbered as 676 of 2025
dated 24.12.2025. It is filed by Arvind Goyal, father of Rhythm Goyal
(Accused No.2 in the FIR dated 19.11.2025). The accused person in
this case is Hemlata Patkar alias Hemlata Bane. FIR is filed with N.M.
Joshi Marg Police Station with the Anti Extortion Cell.
37. According to Complainant, Petitioner committed the offence
of extortion and the Complainant alongwith the Anti Extortion Cell laid
a trap in a hotel in Lower Parel where the Petitioner was cajoled to
come and meet him through her common friend called Amrina
Fernandes and two other persons.
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38. I need not go into the entire details of the trap as also the
facts of this case since both the parties are before me. The Affidavit of
consent of Arvind Goyal dated 30.08.2026 is placed on record. He as
well as Petitioner Hemlata Patkar have persuaded me to consider
consent quashing of the FIR in view of the parties having arrived at an
amicable settlement with regard to the principal FIR dated 19.11.2025
pertaining to the incident in question.
39. In this case, charge-sheet has already been filed. Though
insofar as the charges are concerned, they all emanate from the
principal incident in question which occurred on 19.11.2025.
According to Petitioner, 3 other persons whose names and details are
given in the Petition and whose statements have also been recorded,
cajoled her and laid a trap to corner her at the instance of Complainant
and a false case has been foisted on her.
40. Be that as it may, since both the parties have persuaded the
Court to consider consent quashing so that they can carry on with their
lives, the Petition is considered. In the Affidavit of consent of Arvind
Goyal, he has stated as under:-
3. I further say that the meetings referred to in the complaint
were held with the intervention of well-wishers. However,
without prejudice I say that, after a lapse of 3 months from filing
of the complaint and upon reasonable thinking I have come to
realize that the offence complained off by me of criminal
intimidation is a compoundable offence and does not amount to
extortion.
4. I say that I am executing this Affidavit voluntarily, out of my
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free will, and without any force, coercion, threat, under
influence, pressure or inducement of any person whatsoever. I
fully understand the contents of this Affidavit and the
consequences of giving the consent/no objection.
5. I state that, I have no objection if this Hon'ble Court is pleased
to allow the present Writ Petition and quash the said
Chargesheet arising out of FIR No. 676 of 2025 registered with
N.M. Joshi Margh Police Station, Mumbai, and a corresponding
CR No. 126 of 2025 registered with Anti Extortion Cell, Mumbai,
both registered on 24th December, 2025 for offences punishable
u/s. 308(7) and 61(2) of the BNS Act, 2023 and the consequent
Chargesheet in Case No. PW/206/2026 filed before the 37th Ld.
Additional Chief Judicial Magistrate presiding at Esplanade
Court, Mumbai u/s. 308(2), 308(4), 308(7) and 61(2) of the
BNS Act, 2023.
6. I further state that upon quashing of the aforesaid FIR and
proceedings, I shall not raise any grievance and/or claim against
the Petitioner arising out of the allegations forming part of the
said FIR, and I confirm that I do not wish to pursue the said
prosecution.
41. Considering the request made and more specifically after
hearing Petitioner who is an accused in the present case, I am inclined
to consider the Consent Affidavit and allow the Petition. The Petition
therefore stands allowed in terms of prayer clause “a” reproduced
hereunder:-
“(a) This Hon'ble Court be pleased to issue an appropriate writ,
order or direction calling for the records, papers and
proceedings against the Petitioner in relation to the said Crime
Branch FIR being FIR No. 676 of 2025 r/w. CR No. 126 of 2025
registered with NM Joshi Marg Police Station and DCB CID Anti
Extortion Squad Crime Branch, Mumbai Police dated 24th
December 2025 for offences under Sections 61 (2) and 308 (7)
of the Bhartiya Nyaya Sanhita, 2023 (Pls see Rider No.X)
against the Petitioner and after going through the legality,
propriety and validity of the same be pleased to quash and/or
set aside the same against the Petitioner;
Rider No.X
and Chargesheet bearing No. 206/PW/2026 pending before Ld.
Addl. Chief Metropolitan Magistrate's 37 th Court, Esplanade,
Mumbai.”
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42. No order as to costs.
Writ Petition No.1306 of 2026 (For quashing of FIR No.676 of 2025
and CR No.126 of 2025).
43. Present Writ Petition is filed by one Valentine Francisco
Silveira against Arvind Goyal. Charge sheet has been filed through
Anti-Extortion Cell of N.M. Joshi Marg Police Station under FIR No.676
of 2025 dated 24.12.2025. Consent Affidavit of Arvind Goyal is dated
12.03.2026. Both the Petitioners and Complainant are before me.
Affidavit of Consent Arvind Goyal is on record. Both the accused and
Complainant have requested the Court to put an end to the matter. In
view of the principal FIR dated 19.11.2025 having been resolved
amicably and settled between all the parties thereto and the present
FIR having emanated from the said incident in question, the Petition
for consent quashing be allowed.
44. Since both the parties have persuaded the Court to consider
consent quashing so that they can carry on with their lives, the Petition
is considered. In the Affidavit of consent of Arvind Goyal, he has stated
as under:-
3. I further say that the meetings referred to in the complaint
were held with the intervention of well-wishers. However,
without prejudice I say that, after a lapse of 3 months from filing
of the complaint and upon reasonable thinking I have come to
realize that the offence complained off by me of criminal
intimidation is a compoundable offence and does not amount to
extortion.
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4. I say that I am executing this Affidavit voluntarily, out of my
free will, and without any force, coercion, threat, under
influence, pressure or inducement of any person whatsoever. I
fully understand the contents of this Affidavit and the
consequences of giving the consent/no objection.
5. I state that, I have no objection if this Hon'ble Court is pleased
to allow the present Writ Petition and quash the said
Chargesheet arising out of FIR No. 676 of 2025 registered with
N.M. Joshi Margh Police Station, Mumbai, and a corresponding
CR No. 126 of 2025 registered with Anti Extortion Cell, Mumbai,
both registered on 24th December, 2025 for offences punishable
u/s. 308(7) and 61(2) of the BNS Act, 2023 and the consequent
Chargesheet in Case No. PW/206/2026 filed before the 37th Ld.
Additional Chief Judicial Magistrate presiding at Esplanade
Court, Mumbai u/s. 308(2), 308(4), 308(7) and 61(2) of the
BNS Act, 2023.
6. I further state that upon quashing of the aforesaid FIR and
proceedings, I shall not raise any grievance and/or claim against
the Petitioner arising out of the allegations forming part of the
said FIR, and I confirm that I do not wish to pursue the said
prosecution.
45. The Petition is allowed in terms of prayer clauses “a” to “d”
which read as under:-
“(a) This Hon'ble Court be pleased to issue an appropriate writ,
order or direction calling for the records, papers and
proceedings related to the said Crime Branch FIR being FIR No.
676 of 2025 r/w. CR No. 126 of 2025 and Chargesheet dated
27th February 2026 filed before the Ld. ACJM 37th Court,
Esplanade Court Mumbai for offences under sections 308(2),
308(4), 308(7) and 61(2) of the BNSS, 2023 against the
Petitioner and after going through the legality, proprietary and
validity of the same be pleased to quash and/or set aside the
same against the Petitioner;”
(b) This Hon'ble Court be pleased to issue an appropriate writ,
order or direction thereby quashing and setting aside the Order
dated 2nd March 2026, passed by the Ld. ACJM 37th Court,
Esplanade Court Mumbai against the Petitioner;
(c) This Hon'ble Court be pleased to issue an appropriate writ,
order or direction thereby permanently restraining the
Respondent Nos. 1 to 6 from taking any coercive action and/or
initiating any proceedings and/or conducting any investigation
against the Petitioner in relation to and/or emanating from the
said Crime Branch FIR being FIR No. 676 of 2025 r/w. CR No.
126 of 2025 and Chargesheet dated 27th February 2026 filed
before the Ld. ACJM 37th Court, Esplanade Court Mumbai;
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(d) This Hon'ble Court be pleased to issue an appropriate writ,
order or direction calling for the records, papers and
proceedings related to the said Crime Branch FIR being FIR No.
676 of 2025 r/w. CR No. 126 of 2025 and Chargesheet dated
27th February 2026 filed before the Ld. ACJM 37th Court,
Esplanade Court Mumbai for offences under sections 308(2),
308(4), 308(7) and 61(2) of the BNSS, 2023 against the
Petitioner along with calling for all records in relation to the
issuance of any Look Out Circular as alleged or at all and/or a
Red Corner Notice as alleged or at all against the Petitioner and
after going through the legality, proprietary and validity of the
same be pleased to quash and/or set aside the same against the
Petitioner;”
46. However, in this Petition, Interim Application No.1394 of
2026 filed by one Intervenor called Deepak Ravi Kapoor. Mr. Gogawale
represents the said Intervenor. It is the Intervenor's case that he is not
the original Complainant in the extortion case, but his statement has
been recorded as a witness by the Investigating Officer under Sections
161/162 of the Criminal Procedure Code. He has persuaded the Court
not to quash the present FIR since the Intervenor has a very strong
objection and would like to step into the shoes of the Complainant in
the present case.
47. He would submit that as there is a legal bar for registration
of multiple FIRs regarding the same offence, as held by the Apex Court
in the case of T.T. Antony Vs State of Kerala & Ors.2 and Amish Devgan
Vs. Union of India & Ors.3 , and therefore this Court should not allow
consent quashing. When a pointed question is asked to Mr. Gogawale
with regard to his locus standi in the present criminal proceedings
2 (2001) 6 SCC 181
3 (2021) 1 SCC 1
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when he is neither the Complainant nor an accused person, nor such
person who is interested in the matter, he would submit that the Apex
Court has held that the doctrine of locus standi is alien and foreign to
criminal proceedings and hence the present FIR be prosecuted by the
State since the offence of extortion between parties is clearly seen and
made out.
48. In support of this above submission, he would refer to and
rely upon the decisions of the Supreme Court in the case of Manohar
Lal Vs. Vinesh Anand and Ors.4 and A.R. Antulay Vs. Ramdas Sriniwas
Nayak 5. He would submit that the term ‘ locus standi’ is a Latin term
and the Supreme Court has held that Courts must hold a relaxed,
traditional view of locus standi with a justice oriented approach in the
case of Amanullah and Anr. Vs. State of Bihar & Ors.6. He would
submit that there is no point in pushing the Intervener to file a
separate FIR with regard to the same offense, and therefore, this Court
should not consider consent quashing. He would submit that Courts
need to be extra cautious while exercising their inherent jurisdiction
under Section 482 and it should be exercised in the rarest of rare cases
and that too sparingly. He would refer to and rely upon the decision of
the Supreme Court in the case of State of Haryana and Ors. Vs. Bhajan
Lal and Ors.7. and submit that the FIR of extortion which is filed by
4 (2001) 5 SCC 407
5 (1984) 2 SCC 500
6 1984 (2) SCC 500
7 1992 Supp (1) SCC 334
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Arvind Goyal in the present case where the statement of the Intervener
has been recorded, needs to be considered from the perspective of the
offence which is committed. He would submit that quashing of such an
FIR relating to an offence of extortion would send a wrong signal to
the society at large and will have a serious impact on society.
49. Hence he would vehemently submit that, the decision to
continue with the trial in the present offence should be the overriding
element of public interest involved and the guilty should be punished
for such a serious offense having committed. He would submit that the
consent which has been obtained for quashing of FIR No.676
registered with N.M. Joshi Marg Police Station in the present case filed
by Arvind Goyal against Valentine Francisco Silvera should not and
cannot be treated to be a valid consent in such grievous offence.
50. He would draw my attention to the statement of the
Intervener which has been recorded by the Investigating Officer, copy
of which is appended on page No.61 of Writ Petition No.1306 of 2026
and persuade me to read and consider the same. He would submit that
Petitioner well as the complainant and more specifically Amrina
Fernandes were deeply involved in attempting to settle the matter and
had held several meetings, details about which have been given in the
aforesaid statement of the Intervener. He would submit that when such
meetings are held the element of the offence of extortion comes to the
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fore and such a serious and heinous offence cannot be allowed to be
compounded by way of consent quashing.
51. He would draw my attention to Section 28 of the BNS Act,
2023 and vehemently contend that a consent is not such a consent as is
intended by any section of this Sanhita, if the consent is given by a
person under fear of injury or under a misconception of fact and if the
person doing the act knows or has reason to believe that the consent
was given in consequence of such fear or misconception. He would
strongly rely upon the aforesaid proposition to submit that consent has
been given in the present case for consent quashing of the FIR on the
basis of and in consequence of the element of fear and misconception
and it cannot be treated as a free consent.
52. He would also refer to the meaning of consent as
contemplated in the Oxford Law Dictionary to be a consent by
agreement of choice by one who has the freedom and capacity to make
that choice. He would submit that consent is an essential criteria in a
number of circumstances and it must be given freely without duress or
deception and with sufficient legal competence.
53. While referring to the meaning of consent as contemplated in
the Black's Law Dictionary, he would draw my attention to the fact that
consent has to be a concurrence of wills and voluntarily yielding the
will to the proposition of another and it should be an act or result of
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coming into harmony or accord. He would submit that consent should
be an act of reason accompanied with deliberation and therefore in the
present case, in the manner in which the parties have proceeded with
and the statement of the Intervenor having been recorded in the
present case it prima facie shows deep involvement of the parties and
hence, the consent given by the Complainant cannot be considered to
be free.
54. He would submit that in the facts of the present case, the
consent Affidavit cannot be treated as free consent, but it amounts to
submitting and involves submission and according to him, a mere
submission does not necessarily involve consent. He would submit that
in that view of the matter, consent of the will and submission under
the influence of fear or terror cannot amount to real consent and
therefore he requests the Court to consider his Interim Application and
reject Writ Petition No.1306 of 2026.
55. Mr. Gogawale has fairly informed the Court that, save and
except the third FIR namely FIR No.676 of 2025 dated 24.12.2025, the
Applicant/Intervenor does not have any grievance whatsoever with
regard to the other 3 FIRs or the complaints which have been filed
between the parties as also the settlement arrived at by the parties
therein amicably. He would submit that the deep rooted conspiracy of
extortion prima facie comes to the fore in the present case and
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therefore the Consent Affidavit of Complainant should not be accepted
by this Court.
56. I have considered the submissions made by Mr. Gogawale
and perused the Interim Application on record. Equally, I have heard
the parties to the said Intervention Application who have all made
their submissions.
57. The submissions made by Mr. Gogawale are required to be
addressed principally on the ground of locus which is the main
objection of Respondents therein and all parties present before me.
The Investigation Officer has recorded the statement of the Applicant.
It has come on record that in the three (3) months following the week
of principal incident in question on 19.11.2025, the family and well -
wishers of the parties held meetings in view of the fact that complaint
and cross - complaints were filed with regard to not only the principal
incident in question but also with regard to the subsequent talks which
took sometime to fructify amicably.
58. Complainant is the father of Accused No.2 in FIR dated
19.11.2025, grievance is about extortion which prima facie emanates
from series of talks held between the parties. The principal offence is
agreed to be settled and quashed as is observed in this order with
adequate reasons. The Applicant in the Interim Application has no
locus whatsoever with the principal offence as also with the
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subsequent events. He is not the aggrieved party. The Complainant has
filed a detailed Affidavit for “consent quashing”. Complainant being
father of the principal accused has described the aftermath of the
incident which occurred on 19.11.2025. He has persuaded the Court to
therefore quash his complaint/FIR because of the mutual and amicable
settlement between the principal accused who is his son and the
principal Complainant. The Petitioner in this FIR also agrees. A witness
whose statement is recorded, who has nothing to do with the principal
incident in question, neither concerned cannot intervene and seek
continuation of criminal proceedings.
59. Hence, if the Applicant is aggrieved he has his remedy in law
which he can pursue in accordance with law as available to him
without intervening in this case to which he has no nexus. This Court is
fully aware about the powers under Section 482 Code of Criminal
Procedure, 1973 and how the said powers are required to be used in a
given case on overall consideration of not only the facts but also the
incident in question and the wish and desire of the parties in the facts
of the given case.
60. This Court therefore invokes the above provision to step in
where cases have been instituted with malafide motives or to harass
the accused person thereby to avoid procedural harassment. The
exercise of powers under this provision is discretionary and varies from
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case to case. Here is the case before me where the offence is infact
emanating from the original principal offence and incident of
19.11.2025.
61. It is clearly seen that pursuant thereto parties thereafter
started negotiating and helping each other and several rounds of talks
took place. The principal offence is settled amicably. The issue was
squarely between two private individuals. The interest of Applicant
through the Interim Application to oppose “consent quashing” is
therefore not understood by the Court. It could very well be for
extraneous reasons also. The offence in question in this FIR cannot be
deemed to be a grievous offense equivalent to murder, rape or dacoity
so as to have societal implications. The incident itself happended on
the spur of moment. Parties have accepted the same. They wish to
move on. In my opinion a quietus and closure is therefore required to
be put to the issue because the Complainant’s Affidavit not only in this
FIR but the Complainant’s Affidavit in all other FIRs also persuades the
Court to resolve and quash the proceedings.
62. All consequential process orders including any Non Bailable
Warrants, Look Out Circulars or any such process or proceedings in
any of the aforesaid FIRs which have not been decided or are pending
by virtue of this order also stand quashed and set aside.
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63. Resultantly, FIR No.1102 of 2025 dated 19.11.2025, Second
FIR No.1127 of 2025 dated 23.11.2025, Third FIR No.676 of 2025
dated 24.12.2025 and Fourth FIR being CR No.126 of 2025 dated
27.02.2026 in the respective Police Stations and all consequential
proceedings therein are quashed and set aside.
64. In that view of the matter, Writ Petition No.207 of 2026,
Writ Petition No.1140 of 2026, Writ Petition No.1139 of 2026, Writ
Petition No.1192 of 2026, Writ Petition No.1306 of 2026 and Writ
Petition No.1584 of 2026 are allowed and disposed.
65. Interim Application No.1394 of 2026 is dismissed.
Ajay [ MILIND N. JADHAV, J. ]
Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date: 2026.09.11
21:03:01 +0530
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