{1} 952-WP-1439-2025 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1439 OF 2025 Somnath Alias Lalit Laxman Gavli (As Mentioned In the FIR as Lalit Alias Lallya Laxman Gawali) Age: 25 years, Occ. Worker, R/o. Juna Naka, Hirapur Road, Chalisgaon, Tal. Chalisgaon, Dist.Jalgaon. ….PETITIONER VERSUS 1. The State Of Maharashtra 2. XYZ …..RESPONDENTS ….. Mr. Dhananjay Chaudhari, Advocate for the Petitioner Mrs. Uma Bhosale, APP for State Mr. Pritam Jadhav, Advocate for respondent No. 2 ....... CORAM : NITIN B. SURYAWANSHI AND VAISHALI PATIL JADHAV, J.J. DATE : 16th OCTOBER, 2025 ORDER : 1. This petition filed under Article 226 of the Constitution of India and Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeks quashing of FIR bearing Crime No. 0399 of 2025 dated 13.09.2025 registered with Chalisgaon Police Station, Tal. Chalisgaon, Dist. Jalgaon, under Sections 74 and 351(2)(3) of Bhartiya Nyaya Sanhita, 2023 at the instance of informant/respondent No. 2. Bhagyawant Punde 2025:BHC-AUG:29505-DB {2} 952-WP-1439-2025 2. In short it is alleged in the FIR that on 06.09.2025 at 11.30 pm in the night, while the informant was alone at the house, petitioner knocked her door. She asked as to who is there. Then the petitioner opened the adjoining window and told informant that he wants to have physical relations with her. She did not open the door and he then left. 3. During the pendency of the present petition, parties have amicably settled the matter outside the Court with the intervention of common relatives and respectable persons from their locality. The 2nd respondent has filed affidavit to that effect contending that the FIR was lodged due to misunderstanding and the dispute is amicably settled and she has no objection if the FIR and proceedings arising therefrom are quashed. 4. Petitioner and the 2nd respondent are present in the Court. They are identified by their respective advocates. They confirm the settlement. The 2nd respondent confirms that whatever statements made by her about the compromise in the affidavit are out of her own volition and there was no coercion to her to make these statements. 5. In the light of the above, no useful purpose would be served by continuing the prosecution against the petitioner. Even if we permit the prosecution to proceed, the same will result in acquittal and Bhagyawant Punde {3} 952-WP-1439-2025 it would amount to waste judicial time and energy. Therefore, continuation of prosecution against the petitioner is an abuse of process of law and Court. 6. The writ petition is therefore allowed. 7. FIR bearing Crime No. 0399 of 2025 dated 13.09.2025 registered with Chalisgaon Police Station, Tal. Chalisgaon, Dist. Jalgaon, under Sections 74 and 351(2)(3) of Bhartiya Nyaya Sanhita, 2023 and proceedings arising therefrom are quashed and set aside. 8. Petitioner shall deposit cost of Rs. 2,000/- with the Police Welfare Fund, within four weeks from today. 9. List the matter for compliance on 04.12.2025. (VAISHALI PATIL JADHAV, J.) (NITIN B. SURYAWANSHI, J.) Bhagyawant Punde