KIRAN BABAN RATHOD AND ORS v. THE STATE OF MAHARASHTRA
APL/1285/2018 · 2026-09-24
Public Interest Litigationbody2026
DailyLaw.ai
[ 2026 DAILYLAW 10897 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 10897 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
56. CRI APL-1285-18.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1285 OF 2018 Kiran Baban Rathod & Ors. .. Applicants Versus The State of Maharashtra & Ors. .. Respondent .................... Mr. Shailesh Kharat a/w Mr. Onkar Chaudhari & Mr. Praveen Taula, Advocates for Applicants Mr. Sukanta A. Karmakar, APP for State Mr. Vinod Kendre, Advocate for Respondent No. 2 ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 24, 2026 P. C.
:
1. Heard Mr. Kharat, learned Advocate for Applicants; Mr. Karmakar, learned APP for State and Mr. Kendre, learned Advocate for Respondent No. 2. 2. Present Application is filed seeking quashing and setting aside of the FIR and the consequential proceedings arising therefrom. 3. Respondent No. 2 before me is married to the victim in the present crime who is arraigned as accused No. 2. Both of them are before the Court. They were both majors. First informant in the present case happens to be Respondent No. 3. Averments made in the Application are to the effect that since both of them are happily 1 of 2
56. CRI APL-1285-18.odt married and are having children, the mother also does not have any grievance for quashing the present proceedings. 4. The parties before me are well-educated and are desirous of ensuring that their children grow up in an environment free from the ignominy associated with the present criminal proceedings. 5. I have interacted with Respondent No.2 who is present in Court before me as also with the Petitioner. Both of them jointly persuaded me to consider the Application and pass appropriate orders by consent quashing. 6. Considering the aforesaid and after hearing learned APP, I am of the opinion that the request made by the parties for consent quashing has to be allowed in the interest of justice. Hence, Application is allowed in terms of prayer clause (a) which reads thus:-
"a. This Hon'ble Court may pleased to quash the FIR No. 251 of 2016 for offences under Section 366, 363, 323, 504 and 506 of IPC and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 registered with the Sikrapur Police Station, Pune and further proceedings arising out of it on such terms and conditions this Hon'ble Court may deem fit and proper. 7.
7. Further, the consequential proceedings, i.e. Special Case No. 29 of 2026, pending before the District and Sessions Court, Shirur, are also quashed and set aside. 8. Application is allowed and disposed. Amberkar [ MILIND N. JADHAV, J. ] 2 of 2 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.09.24 14:56:17 +0530