902-WP-4682-2025 (CR).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4682 OF 2025 Prabhu Manohar Rathod And Ors. ...Petitioners Versus The State of Maharashtra And Anr. ...Respondents ….. Adv. Ramdas Hake Patil for the Petitioner. Mr. Rushikesh Patil for the Respondent No.2. Mr. Pankaj Deokar, APP for Respondent- State. ….. CORAM : M.S. KARNIK & AJIT B. KADETHANKAR, JJ. DATE : 12th DECEMBER, 2025. ORAL ORDER: [PER M.S. KARNIK, J.]: 1. Heard learned counsel for the petitioners. 2. The present petition is iled for quashing of the First Information Report (for short “F.I.R”) by consent of the parties. The FIR bearing C.R. No.209 of 2024 came to be registered with the Salgar Vasti Police Station, Solapur, for the ofences punishable under Sections 109, 189(2), 191(2), 191(3) 118(1), 115(2), 351(2), 351(3),126(2) of the Bhartiya Nyaya Sanhita, 2023 (BNS), Sections 4 ZIP 1 of 4 902-WP-4682-2025 (CR).doc and 25 of the Arms Act and Section 37(1) and Section 135 of the Maharashtra Police Act, against the petitioners and other co-accused. 3. The Charge-sheet was iled on 13th January 2025. The trial is pending before the District Judge-1 and Sessions Judge, Solapur, vide Sessions Case No.45 of 2025. 4. It is alleged by the complainant that on 22nd October, 2024, at around 10.15 p.m., while he was returning home from Godrej Dairy, he found the accused persons standing under the bridge. One Bhivaji Vavare allegedly stopped the vehicle of the complainant, upon which, one of the accused persons, Manohar Masal, on the suspicion of the complainant having thrown the said Manohar Masal’s vehicle in a well assaulted the complainant with a koyta. Some of the other co-accused assaulted the complainant with ists and kick blows. 5. The complainant is personally present in the Court and is identiied by the learned counsel. The complainant says that there is no pressure exerted on him and that, in order to maintain cordial relations, the dispute is sorted out between the complainant and the petitioners. It is further stated by him that the consent for quashing is voluntary. ZIP 2 of 4 902-WP-4682-2025 (CR).doc 6. Normally, if the ofence is serious, and particularly when the petitioners are facing a prosecution under Section 109 of the BNS (corresponding to Section 307 of the IPC) for a serious ofence, we would be slow in quashing the complaint by consent. However, we have perused the nature of the allegations and the medical certiicate dated 18th December 2024. Injuries sufered by the complainant are simple in nature. 7. We, prima facie, ind that in order to make the allegations levelled serious, the slant of Section 109 of the BNS (corresponding to 307 of the IPC) has been given. In any case, considering the stand of the complainant, the possibility of conviction appears to be remote and bleak, as he is not going to depose against the petitioners. 8. We are satisied that the continuation of the present prosecution would be an exercise of futilites. In such circumstances, though the present petition is vehemently opposed by the learned APP, we are inclined to quash the F.I.R by consent of the parties. The petition is accordingly allowed and disposed of in terms of prayer clause (a), which reads thus’ “(a) By an order, direction, Writ of this Hon’ble Court the entire proceedings in Sessions Case No.45/2025 pending before the Hon’ble Ad. Hoc District Judge – I and Sessions Judge, Solapur for ofences punishable ZIP 3 of 4 902-WP-4682-2025 (CR).doc u/Sec. 109,189, 191, 118, 115, 351, 126 of BNS and Section 4 & 25 of Arms Act r/w Section 37 (1) and Section 135 of Maharashtra Police Act registered with Salgar Vasti Police Station, Solapur may kindly be quashed and set aside”. 9. The petitioners graciously submit that they would deposit costs of Rs.12,500/- with the Chairman Police Welfare Fund, in the following account within two weeks from today. Account No. 11324938969.  Bank : State Bank of India (SBI).  Branch : Solapur Treasury Branch. and Rs.12,500/- with “Pakhar Sankul”, account details of which are as under; Name of the Institution : Pakhar Sankul, Name of Bank : Bank of Maharashtra Branch : Navi Peth, Solapur Account Number :20063302181 IFSC Code :MAHB0000017. [AJIT B. KADETHANKAR, J.] [M.S. KARNIK, J.] ZIP 4 of 4