132-APL-979-2025.doc Shailaja IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.979 OF 2025 Ganesh Ramayya Pengonda ] Applicant versus The State of Maharashtra and another ] Respondents ….. Mr. Ritesh Thobde a/w Mr. Changdev Shingade, Mr. Pushkraj Yadav- Deshmukh and Mr. Mervin Bardeskar i/b Mr. Darshan Singh Rajpurohit, for Applicant. Mr. A.A. Naik, A.P.P, for Respondent No.1 – State. Mr. Pradeep Salgar a/w Mr. Manoj Pamul, for Respondent No.2. ….. CORAM : M.S. KARNIK & AJIT B. KADETHANKAR, JJ. DATE : 15th DECEMBER, 2025. ORAL ORDER: [PER M.S. KARNIK, J.]: 1. Heard learned Counsel for the applicant. 2. This is an application by a seventy year old applicant for quashing of C.R. No.422 of 2023 registered with the Jail Road Police Station, District Solapur for the ofences punishable under sections 376 (1), 354-A and 506 of the Indian Penal Code, 1860 (for short “I.P.C”), sections 4, 8 and 12 of the Protection of Children from Sexual 1 of 8 SHAILAJA SHRIKANT HALKUDE Digitally signed by SHAILAJA SHRIKANT HALKUDE Date: 2025.12.17 18:55:31 +0530 132-APL-979-2025.doc Ofences Act, 2012 and sections 75 and 77 of the Juvenile Justice Act, 2015. 3. The irst informant, who is now major, is present in the Court. She is identiied by learned Counsel appearing on her behalf. We have interacted with respondent No.2. She says that First Information Report (for short “F.I.R”) was an outcome of some misunderstanding and only because she was annoyed with the fact that the applicant was against her relationship with “R”. “R” is personally present in the Court along with his father who is identiied by the learned Counsel appearing on behalf of the irst informant. It is submitted that the irst informant is now engaged to “R”. The marriage of the irst informant with “R” is to be solemnized very soon. “R” has iled an aidavit on oath, which reads thus; “1. I am in a relationship with ABC; the complainant in the above- captioned matter since 3 years. 2. I state that, we both intend to marry each other and give ourselves the best possible slate to start our future together. 3. I state that, the applicant in the present Petition was a guardian to my would be wife. He had found out about our afair and had created impediments in our relationship since he wanted both of us to focus on our education. This fact was also brought to notice of my father, which created a hurdle in our relationship. 4. I state that, we were at an age where we could not really comprehend the consequences of our actions and the impact it would have on others around us. However, our love for each other has withstood the test of time. 2 of 8 132-APL-979-2025.doc 5. I state that, we wish to be married with the blessings of both my parents and the guardians of the Respondent No. 2 which happens to be the applicant and his family. 6. I state that, therefore my family members and persons of repute in the community have brought about an amicable resolve to the issue at hand. 7. I state that, if this Hon'ble Court exercises its jurisdiction to quash the impugned FIR against the applicant herein; it is going to lead to better relations between our two families. 8. I further say that we have decided to live peacefully and in harmony with the Applicant without any hatred or ill-feelings in the community. 9. That as the matter has already been mutually resolved, continuation of criminal proceedings would serve no fruitful purpose and would amount to unnecessary harassment to both sides. 10. That in order to maintain peace, harmony, and cordial relations between the parties and within the community, we have decided to bury past diferences and move forward. 11. I state that, I am iling this aidavit only for the limited purpose of stating the above facts before this Hon’ble Court. 12. I state that I am iling this aidavit out of my own free will without any fear, pressure or undue inluence. 13. I state that, the contents of this aidavit have been explained to me. I have understood the same. The same are as per my own instructions and in view thereof, I have aixed my signature below”. 4. Father of “R”, who is personally present in the Court, says that the family has accepted the relationship and is happy with “R” proposing to marry the irst informant. He says that the marriage ceremony is to be solemnized soon. 5. The irst informant has iled aidavit, which is at page 235 of the paper book of the application, stating thus; 3 of 8 132-APL-979-2025.doc “A.B.C Age: 19 years, Occu- Business R/o:Solapur Dist: Solapur Solapur dist. Solapur; the Respondent in the above-captioned matter and the Original Complainant in C.R. No. 422/2023 registered with Jail Road Police Station, Dist. Solapur do hereby state on solemn airmation as under: 1. I am the original complainant in C.R. No. 422/2023 with Jail Road Police Station, Dist. - Solapur. 2. That I state that the Applicant has always been a fatherly igure to me. He used to take care of my educational expenses as well as my overall well-being. 3. That prior to lodging of the said FIR, the Applicant had found out about my love afair with one R and had reprimanded me for the same. He had also grounded me. Consequently, I was in a disturbed state of mind at that time. 4. That in such disturbed mental condition, my uncle B (since deceased) had pressurised me into lodging the said report against the Applicant in order to spite him. As I was angry and wanted to continue my relationship with R, i succumbed to the pressure of my uncle and agreed to do as per his wishes. 5. That I now realize that the said complaint was made in a moment of emotional disturbance and under undue inluence. I have realised my mistake. 6. That my would-be in-laws' family and respected persons from our community have intervened and brought about an amicable resolution between me and the Applicant. 7. That I am now desirous of living in peace and harmony in the future. I do not wish to pursue or continue with any proceedings arising from the said FIR. 8. That I am now set to marry my iance R and wish to lead a happy and peaceful married life without any past animosity towards anyone. 9. That as the matter has already been mutually resolved, continuation of criminal proceedings would serve no fruitful purpose and would amount to unnecessary harassment to both sides. 10. That the dispute between myself and the Applicant is purely personal in nature, arising out of misunderstanding, and does not afect society at large. 4 of 8 132-APL-979-2025.doc 11. The impugned FIR came to be lodged under pressure and inluence exerted upon me by my uncle, with an ulterior motive to harass and blackmail the present Applicant. I now realized that the allegations made in the FIR are exaggerated and not relective of the true facts of the case. I have voluntarily expressed my willingness to amicably settle the matter and consented for quashing of the FIR before this Hon'ble Court. 12. It is further submitted that the I am now a major and fully capable of understanding the nature and consequences of my acts. I of my own free will and without any coercion, consented to the quashing of the FIR and further proceedings. Hence, continuation of the present criminal proceedings would not serve the purpose and in the interest of justice this Hon'ble Court may quash the FIR in C.R No. 422/2023 registered with Jail Road Police Station, Solapur and subsequently the charge- sheet bearing Final Report No. ------and all proceedings arising out of the same qua the Applicant. 13. That in order to maintain peace, harmony, and cordial relations between the parties and within the community, we have decided bury past diferences and move forward. 14. That I reiterate the settlement has been reached with my free consent, and there is no pressure, threat, inducement, or undue inluence from any quarter. 15. That I have no further claim, demand, or grievance of any nature against the Applicant, and I shall not pursue the matter in future before any forum. 16. That quashing of FIR in view of the settlement will advance the cause of justice, peace, and rehabilitation of parties, rather than prolonging unnecessary litigation. 17. That in view of the above facts and settlement, I have no objection if this Court exercises its inherent powers to quash and set aside the FIR at C.R. No. 422/2023 registered at my behest and the subsequent proceedings arising out of the same CR. 18.1 state that I am iling this aidavit out of my own free will without any fear, pressure or undue inluence. 19.1 state that, the contents of this aidavit have also been explained to me in vernacular. I have understood the same. The same are as per my own instructions and in view thereof, I have aixed my signature below”. 5 of 8 132-APL-979-2025.doc 6. Learned A.P.P opposed the request made for quashing the F.I.R by consent. It is submitted that even section 164 statement has been recorded wherein the irst informant has reiterated the allegations made in the F.I.R. 7. In ordinary course, we would have been slow in quashing the F.I.R considering the serious nature of ofences applied. The facts of this case are peculiar which compel us to quash the F.I.R. The applicant is seventy years of age. In the aidavit iled by the irst informant, it is clearly stated that the applicant found out about her afair with “R” and reprimanded her for the same. The irst informant stated that after the death of her parents, it was the applicant, who took care of the irst informant and was her guardian. The irst informant has realized her mistake. She has clearly stated that her uncle (since deceased) had pressurised her in lodging the F.I.R against the applicant in order to spite him. As the irst informant was angry with the applicant and wanted to continue her relationship with “R”, she succumbed to the pressure of her uncle, which resulted in iling of the F.I.R. The irst informant has indicated that she is now set to marry “R” and wishes to lead a happy and peaceful married life without any past animosity towards anyone. The irst informant has realized her mistake and says that the allegations made in the FIR are exaggerated and not relective of the true facts of the case. 6 of 8 132-APL-979-2025.doc 8. Taking an overall view of the matter, in the facts and circumstances of the present case, we are of the view that no purpose will be served by continuing with the criminal prosecution as the irst informant is not now going to depose against the applicant. The applicant was looking after the irst informant after the demise of her parents. At the relevant time, the irst informant was seventeen years of age and is stated to have an afair with “R”. This relationship was not liked by the applicant. The irst information report was iled on 14th November, 2023. As of today, the applicant is engaged to “R” and even the marriage is to be solemnized soon, which fact is endorsed not only by “R” but his father also, who is personally present in the Court. 9. An aidavit has been iled by “R”. It lends credence to the fact that the applicant was in relationship with “R” as on the date of iling of the F.I.R. This aspect does not ind a mention in the F.I.R. In our opinion, it is in nobody’s interest to continue the criminal prosecution. In fact, continuation of the criminal prosecution will result in unwanted agony to the applicant as well as the irst informant, who has realized her mistake and wants to move on with life. We are, therefore, more than satisied that this is a it case for quashing of the F.I.R. Accordingly, the application is allowed in terms of prayer clauses (a) and (b) which read thus; 7 of 8 132-APL-979-2025.doc “a) This Hon’ble Court by invoking inherent powers U/s. 528 of BNSS quash and set aside the impugned FIR in C.R. No.422/2023 registered with Jail Road Police Station, Dist. Solapur. b) This Hon’ble Court by invoking inherent powers U/s. 528 of BNSS quash and set aside the charge-sheet and all proceedings arising our of the same in Special Case No.297/2024 qua the Applicant”. 10. The application is disposed of. [AJIT B. KADETHANKAR, J.] [M.S. KARNIK, J.] 8 of 8