Bombay High Court
GANESH BALIRAM KARANJEversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The court allowed the petition and quashed the criminal proceedings arising from FIR No.815 of 2022.
Summary
The petition was filed by a government servant seeking quash of criminal proceedings arising from FIR No.815 of 2022, which alleged offences under sections 353, 332, 504 and 506 IPC. The parties, both government employees, had a verbal altercation and the complainant submitted a consent affidavit on humanitarian grounds due to the petitioner's serious medical condition. The court examined the consent affidavit and the circumstances of the dispute. It was inclined to accept the parties' request for a consent quash of the pending criminal cases. Consequently, the court ordered the quashing and setting aside of Criminal Proceeding No. 203/PW/2023 before the 24th Additional Sessions Judge and Criminal Proceeding C.R.No.467 of 2023 before the 28th Sessions Judge, along with all related proceedings, and disposed of the writ petition.
Issues considered
- Whether a criminal proceeding can be quashed on the basis of a consent affidavit filed by the complainant on humanitarian grounds.
Legislation cited
- Indian Penal Code — s. 332, 353, 504, 506
Subjects
- quash of criminal proceeding
- consent affidavit
- IPC sections 353 332 504 506
- government servant dispute
- humanitarian grounds
Judgment
154.WP.6677.2025.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.6677 OF 2025
Ganesh Baliram Karanje .. Petitioner
Versus
The State of Maharashtra and Anr. .. Respondents
....................
Mr. Hasnain Kazi, Advocate for Petitioner.
Ms. Shilpa G. Talhar, APP for Respondent No.1.
Mr. Rohin Chauhan a/w. Mr. Manthan A. Chaudhari, Advocate for
Respondent No.2.
...................
CORAM : MILIND N. JADHAV, J.
DATE : OCTOBER 08, 2026
P.C.:
1. Heard Mr. Kazi, learned Advocate for Petitioner; Ms. Talhar,
learned APP for Respondent No.1 and Mr. Chauhan, learned Advocate
for Respondent No.2.
2. Parties before me are both government servants and they
had some verbal altercation. Complainant is present in Court. Learned
Advocate informs the Court that the Consent Affidavit dated
10.07.2026 is appended at page No.86. I have perused the same. The
Petitioner is present in Court.
3. Considering the issues between the parties due to which the
said altercation had occurred leading to filing of the Complaint,
present Petition is filed. The Consent Affidavit is given by the
Complainant on humanitarian grounds in view of the precarious
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154.WP.6677.2025.doc
medical ailment of the Petitioner.
4. I am inclined to accept the request made by the parties for
consent quashing.
5. In view of the above matter, the present Petition deserves to
be allowed. It is so allowed in terms of prayer clauses ‘(i)’ which read
thus:-
“(i) That This Hon'ble Court May Be Pleased Quash & Set Aside the
Criminal Proceeding No. 203/PW/2023 Pending with 24 th
Additional Sessions Judge, City Sessions Court, Mumbai arising
out of the F.I.R NO. 815 OF 2022 on 02.12.2022 filed by the
informant being a public servant namely Girijeshkumar
Rambahadur Mishra (Chief Booking Clerk-Railway Officer)
registered with Bandra Railway Police Station, vide under
sections 353, 332, 504 & 506 of Indian Penal Code, 1860.”
6. In addition to the above prayer clause which has been
allowed, the further pending criminal proceeding C.R.No.467 of 2023,
pending before 28th Sessions Judge, City Sessions Court, Mumbai
arising out of FIR No.815 of 2022, dated 02.12.2022 is also quashed
and set aside. All other proceedings under the aforesaid proceedings,
are also quashed and set aside.
7. No order as to costs.
8. Writ Petition is allowed and disposed.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
Digitally signed
by HARSHADA
HARSHADA HANUMANT
HANUMANT SAWANT
SAWANT Date:
2026.10.09
16:25:24 +0530
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