MAYUR SUDHAKAR DAMLEversusSTATE OF MAHARASHTRA AND ANR

HEMANT
CHANDERSEN            H.C.SHIV                                                      4.W4142.26.DOC
SHIV
Digitally signed by              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HEMANT
CHANDERSEN SHIV                       CRIMINAL APPELLATE JURISDICTION
Date: 2026.09.29
11:58:28 +0300                      CRIMINAL WRIT PETITION NO.4142 OF 2026
                      Mayur Sudhakar Damle                                   …Petitioner
                                 V/s.
                      State of Maharashtra & Anr.                            …Respondents


                      Mr. Rampujan Pandey for the Petitioner.
                      Mr. Anagha Deshmukh, APP for Respondent No.1-State.
                      Mr. Ankit Pandey for Respondent No.2.
                      Mr. Atul Nikam, PI, Andheri police station present.


                                                   CORAM:       SHYAM C. CHANDAK, J.
                                                   DATED :      22nd SEPTEMBER, 2026
                      P.C. :-

                      1.         Heard learned Counsel for the parties. Perused the record.

                      2.         Present petition seeks quashing and setting aside of the
                      impugned FIR bearing Cr.No.102 of 2017, registered with Andheri
                      police station, Mumbai for the offence punishable under Sections
                      376, 377 and 417 of the Indian Penal Code, 1860 (“IPC”) on the
                      report dated 3rd March 2017 lodged against the petitioner by
                      Respondent No.2 (‘the victim’) and consequent criminal case being
                      Sessions Case No.347 of 2017, pending before the learned Sessions
                      Court, Dindoshi, Mumbai.

                      3.         Briefly stated, the prosecution case is that, in October 2026,
                      the petitioner and the victim got acquainted with each other
                      through Facebook. It was followed by Facebook chatting.
                      Consequently, they fell in love with each-other. The petitioner also
                      promised to marry her. It is also alleged that, on 21 st, 27th and 29th
                      January 2017, the petitioner committed sexual intercourse with the
                      victim against her will, on the promise of marriage. Thereafter, the

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H.C.SHIV                                                     4.W4142.26.DOC



petitioner refused to marry her. Therefore, the aforesaid crime came
to be registered and the charge-sheet came to be filed.

4.         The learned Counsel for the parties state that, now, the
parties have settled their dispute amicably and, the victim does not
want to prosecute the petitioner in this case. An affidavit sworn by
the victim to that effect is enclosed with the Petition.

           The victim is present before the Court. She is identified by
Mr.Pandey, learned Counsel. She has reiterated the contents of the
affidavit. She states that she got married after the filing of the
present case and that she does not want to prosecute the petitioner
as it will create problems in her married life. She further states that
she has filed the Affidavit out of her free will, without any pressure
or coercion. She states that she has taken a firm stand not to
prosecute the petitioner and, she will maintain that stand before the
trial Court. Even otherwise, considering the text of FIR, in my
opinion, the relationship between the two was consensual but some
dispute between them led to filing of the Report. Therefore, no
purpose would be served by continuing the prosecution arising out
of the said FIR. In view thereof, I am inclined to allow the petition.

5.         As I expressed my opinion for quashing of the present crime,
learned Advocate for the petitioner, on instructions submitted that,
the petitioner will voluntarily pay a costs of Rs.25,000/-. Said
statement is accepted as an undertaking given to this Court. Hence,
following order:-

           (a)   Criminal Writ Petition No.4142 of 2026 is allowed.

           (b)   The impugned FIR bearing Cr.No.102 of 2017,
           registered with Andheri police station, Mumbai for the
           offence punishable under Sections 376, 377 and 417 of the

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H.C.SHIV                                                        4.W4142.26.DOC



           IPC and consequent criminal case being Sessions Case
           No.347 of 2017, pending before the learned Sessions Court,
           Dindoshi, Mumbai, are quashed and set aside.


6.         The petitioner is directed to pay a cost of Rs.25,000/- 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 :-

      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.
      Account Number :- 90552010165915
      IFSC Code           :- CNRB0019055
      Type of Account     :- Saving


6.1        List this petition on 21st October, 2026 ‘for recording
compliance’.



                                      (SHYAM C. CHANDAK, J.)




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