H.C.SHIV 4.W4142.26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4142 OF 2026 Mayur Sudhakar Damle …Petitioner V/s. State of Maharashtra & Anr. …Respondents Mr. Rampujan Pandey for the Petitioner. Mr. Anagha Deshmukh, APP for Respondent No.1-State. Mr. Ankit Pandey for Respondent No.2. Mr. Atul Nikam, PI, Andheri police station present. CORAM: SHYAM C. CHANDAK, J. DATED : 22nd SEPTEMBER, 2026 P.C. :- 1. Heard learned Counsel for the parties. Perused the record. 2. Present petition seeks quashing and setting aside of the impugned FIR bearing Cr.No.102 of 2017, registered with Andheri police station, Mumbai for the offence punishable under Sections 376, 377 and 417 of the Indian Penal Code, 1860 (“IPC”) on the report dated 3rd March 2017 lodged against the petitioner by Respondent No.2 (‘the victim’) and consequent criminal case being Sessions Case No.347 of 2017, pending before the learned Sessions Court, Dindoshi, Mumbai. 3. Briefly stated, the prosecution case is that, in October 2026, the petitioner and the victim got acquainted with each other through Facebook. It was followed by Facebook chatting. Consequently, they fell in love with each-other. The petitioner also promised to marry her. It is also alleged that, on 21st, 27th and 29th January 2017, the petitioner committed sexual intercourse with the victim against her will, on the promise of marriage. Thereafter, the HEMANT CHANDERSEN SHIV Digitally signed by HEMANT CHANDERSEN SHIV Date: 2026.09.29 11:58:28 +0300 H.C.SHIV 4.W4142.26.DOC petitioner refused to marry her. Therefore, the aforesaid crime came to be registered and the charge-sheet came to be filed. 4. The learned Counsel for the parties state that, now, the parties have settled their dispute amicably and, the victim does not want to prosecute the petitioner in this case. An affidavit sworn by the victim to that effect is enclosed with the Petition. The victim is present before the Court. She is identified by Mr.Pandey, learned Counsel. She has reiterated the contents of the affidavit. She states that she got married after the filing of the present case and that she does not want to prosecute the petitioner as it will create problems in her married life. She further states that she has filed the Affidavit out of her free will, without any pressure or coercion. She states that she has taken a firm stand not to prosecute the petitioner and, she will maintain that stand before the trial Court. Even otherwise, considering the text of FIR, in my opinion, the relationship between the two was consensual but some dispute between them led to filing of the Report. Therefore, no purpose would be served by continuing the prosecution arising out of the said FIR. In view thereof, I am inclined to allow the petition. 5. As I expressed my opinion for quashing of the present crime, learned Advocate for the petitioner, on instructions submitted that, the petitioner will voluntarily pay a costs of Rs.25,000/-. Said statement is accepted as an undertaking given to this Court. Hence, following order:- (a) Criminal Writ Petition No.4142 of 2026 is allowed. (b) The impugned FIR bearing Cr.No.102 of 2017, registered with Andheri police station, Mumbai for the offence punishable under Sections 376, 377 and 417 of the H.C.SHIV 4.W4142.26.DOC IPC and consequent criminal case being Sessions Case No.347 of 2017, pending before the learned Sessions Court, Dindoshi, Mumbai, are quashed and set aside. 6. The petitioner is directed to pay a cost of Rs.25,000/- to the ‘Armed Forces Battle Casualties Welfare Fund’ within a period of two weeks from the date of uploading of the present Order on the official website of the High Court of Bombay and the payment receipt(s) shall be submitted in the Registry of this Court. Details of the bank account for payment of cost are as under :- Account Name :- Armed Forces Battle Casualties Welfare Fund (AFBCWF) Bank Name :- Canara Bank Ltd. DoD, South Block Branch Name :- South Block, Defence Headquarters, New Delhi – 110011. Account Number :- 90552010165915 IFSC Code :- CNRB0019055 Type of Account :- Saving 6.1 List this petition on 21st October, 2026 ‘for recording compliance’. (SHYAM C. CHANDAK, J.)