1 901-APPLN.1235.2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION (APPLN) NO.1235 OF 2025 AKASH GOPAL SHARMA & ANR. VERSUS THE STATE OF MAHARASHTRA & ANR. … Mr. Bhagyashri S. Pawar h/f. Mr. Kuldeep S. Patil, Advocate for Applicants. Mr. A. M. Phule, APP for Respondent No.1-State. … CORAM : SMT. VIBHA KANKANWADI & MANJUSHA DESHPANDE, JJ. DATE : 16th APRIL, 2025 P.C.: 1. The present application has been filed for quashing the FIR vide C.R. No.1136 of 2024 dated 2nd November 2024, registered with S. B. Police Station, Jalna, for the offences punishable under Sections 318(4) and 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”). 2. Heard learned Advocate for the Applicants and learned APP for Respondent No.1-State. 3. There is no necessity to issue notice to Respondent No.2. 4. The learned Advocate for the Applicants submits that from the bare perusal of the contents of the FIR, it can be seen that the basic ingredients of the offence under Section 318(4) of the BNS had not 2025:BHC-AUG:11133-DB 2 901-APPLN.1235.2025.odt been attracted. There are no averment that the accused persons have intention to cheat the informant. There was the transaction that has been stated by her between herself and the accused and for which, a criminal action will not lie. She, therefore, prays for quashment of the FIR. 5. We are required to considered the contents of the FIR on the face of it. The Respondent No.2 in her FIR had stated that she was preparing the snacks for Diwali in her house on 31st October 2024. It appears that she has the business of preparing Diwali snacks in her house. She says that the Applicants went to her house around 3.30 p.m. and they purchased the snacks worth Rs.5,000/-, then Applicant No.1 told her that, he would pay the said amount as well as she should give separate amount of Rs.5,000/- and he would pay her amount of Rs.10,000/- by phonepe. Accordingly, she gave the amount of Rs.5,000/- to Applicant No.1, but then she says that Applicant No.1 had showed the false screenshot of sending amount of Rs.10,000/- of phonepe to her. Thereafter, all the accused persons left and then she realised that she has been cheated for Rs.10,000/- in all. In the FIR, she says that Applicant Nos.1 and 2, who are the husband and wife had gone to her house along with one unknown person. 6. Thus, the perusal of the FIR would show that specific role has 3 901-APPLN.1235.2025.odt been attributed to Applicant No.1. The Applicant No.2 is stated to be with him all along and, therefore, certainly at the stage when the investigation is in progress and there is Section 35 of the BNS invoked. We are of the opinion that investigation need not be awarded at the stage. There has been to be an investigation in the matter and, therefore, this is not a fit case where we should exercise our inherent powers under Section 528 of BNSS. 7. Application stands rejected. [ MANJUSHA DESHPANDE, J. ] [ SMT. VIBHA KANKANWADI, J. ] Tauseef