PRASAD 72_APL_1170_2019.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1170 OF 2019 Pravinkumar Basantilal Chordia and Anr. …. Applicants V/s. State of Maharashtra and Anr. …Respondents Mr. Harsh Ramchandani, for the Applicants. Mr. P.P. Malshe, APP for Respondent No.1. – State. Mr. Dheer Sampat a/w Darshan Jain, for Respondent No.2. Mr. Umar Khan, PSI, Khar Police Station, present. CORAM: SHYAM C. CHANDAK, J. DATED : 10th JULY 2026 P.C.:- . Mr. Ramchandani, learned Counsel for the Applicants, seeks leave to amend to state details of criminal case arising out of the impugned FIR and modify the prayer, accordinlgy. 2. Leave to amend is granted. Amendment to be carried out forthwith. 3. Present Application seeking quashing and setting aside of an FIR bearing C.R.No.317 of 2019 registered with Khar Police Station, Mumbai for the offence punishable under Section 354 of the Indian Penal Code, 1860 (for short ‘I.P.C.’) and the consequent Criminal Proceeding No.2091/PW/2023 pending on the file of 9th Additional Metropolitan Magistrate, Bandra, Mumbai, on the report filed by Respondent No.2. 4. Heard learned Counsel for the parties. 5. The prosecution story is that on 30.05.2019 the Applicants in furtherance of their common intention broke open the garage of PRASAD RAJENDRASING RAJPUT Digitally signed by PRASAD RAJENDRASING RAJPUT Date: 2026.07.20 18:22:57 +0530 PRASAD 72_APL_1170_2019.DOC Respondent No.2. When she questioned them, they insulted her, threatened to rape and outrage her modesty. Therefore, on the report filed by Respondent No.2 aforesaid crime came to be registered. On completion of investigation, charge-sheet was filed. 6. During the pendency of the Application the parties have arrived at an amicable settlement. In view of the settlement, Respondent No.2 has consented and given her no objection to quash and set aside the impugned FIR. The Affidavit affirmed by Respondent No.2 to that effect is tendered by Mr. Dheer Sampat, the learned counsel, enclosing consent terms of settlement. It is taken on record and marked as ‘x’ for identification purpose. Respondent No.2 is present before the Court with her husband. She is identified by Mr. Sampat. She has reiterated the contents of the Affidavit and states that she has consented and has no objection to quash and set aside the impugned FIR. 7. Considering the nature of the offence and the facts and circumstances of the case, it appears that, there was some civil dispute relating to the premises in question. As such, continuation of the said criminal case will not serve any purpose. Having regard to the nature of the offence, the prayer to quash and set aside the impugned FIR and consequential proceedings with the consent of Respondent No.2, cannot be denied. 8. In view thereof, Application deserves to be allowed. 9. As I have expressed my opinion for quashing of the present crime, learned Advocates for the Applicants, on instructions, submitted that, the Applicants will voluntarily pay a cost of Rs.1,00,000/- each within a period of two weeks from the date of PRASAD 72_APL_1170_2019.DOC uploading of the Order. The said statement is accepted as an undertaking given to this Court. (a) Application is allowed. (b) FIR bearing C.R. No.317 of 2019 registered with Khar Police Station, Mumbai for the offence punishable under Section 354 of the I.P.C. and, consequent Criminal Proceeding No.2091/PW/2023 pending on the file of 9th Additional Metropolitan Magistrate, Bandra, Mumbai, are quashed and set aside. 10. The Applicants are directed to pay a cost of Rs.1,00,000/- each totaling to Rs.2,00,000/- to the Armed Forces Battle Casualties Welfare Fund’ (AFBCWF) 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. 11. 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 12. List this Application on Board on 21st August 2026, ‘for recording compliance’. (SHYAM C. CHANDAK, J.)