Judgment 1 J-APL No.844.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION (APL) NO. 844 OF 2026 Nitin S/o Sudhakar Badhe, Aged about 51 years, Occ. Service, R/o. Sambhaji Nagar, Chikhli, Tah. Chikhli, District-Buldhana. …. APPLICANT // VERSUS // 1) The State of Maharashtra, Through Police Station Officer, Police Station Chikhli, Tq. Chikhli, District-Buldhana. 2) X Y Z / Victim Crime no.0224/2022 Police Station Chikhli, District-Buldhana. …. N ON-APPLICANTS _____________________________________________________________ Mr. R. N. Ghuge, Advocate for applicant. Mr. H. D. Futane, Additional Public Prosecutor for non- applicant No.1/State. Mr. Shyam Jaiswal, Advocate (appointed) for non-applicant No.2. _____________________________________________________________ CORAM : M.W. CHANDWANI, J. DATED : SEPTEMBER 29, 2026 ORAL JUDGMENT : 1. Admit. Heard finally by consent of the learned counsel appearing for the parties. 2. The applicant seeks quashing of First Information Report (FIR) No.224/2022, dated 10.03.2022, registered with Police Station, 2026:BHC-NAG:12993 Judgment 2 J-APL No.844.2026.odt Chikhli, District Buldhana for the offences punishable under Sections 354, 354-A, 451 and 506 of the Indian Penal Code, 1860 (for short the “IPC”) and consequent chargesheet No.84/2022, dated 02.05.2022 registered as Regular Criminal Case No.137/2022, pending before learned Judicial Magistrate, First Class, Court No.2, Chikhli, District Buldhana. 3. The FIR indicates that the applicant is the landlord of non-applicant No.2/complainant. The applicant intermittently used to go to the room of non-applicant No.2 to clean the ceiling fan. On 07.03.2022 at about 09.30 am., the applicant suddenly entered the room of non-applicant No.2 on the pretext of cleaning the ceiling fan. The applicant caught hold of the hands of non-applicant No.2, hugged her, pressed her chest and tried to kiss her. He also threatened non- applicant No.2 not to reveal the said incident to anyone. Thereafter, non-applicant No.2 reported the said incident to her sister and her parents, who then informed the same to Chikhli Police Station and thereby, the aforesaid offences came to be registered against the applicant. 4. The present application is filed by the applicant for quashing of the FIR. In response to the notice, non-applicant no.2 appeared through her learned appointed counsel. Non-applicant No.2 Judgment 3 J-APL No.844.2026.odt is personally present in the Court today and is duly identified by her counsel. She has tendered her affidavit-in-reply across the bar, which is taken on record and marked as “X” for identification. Perusal the affidavit of non-applicant No.2 reveals that she has contended that she recently got engaged and her marriage has been fixed. Therefore, she does not want to prosecute the applicant and she has no objection if the FIR and consequent proceedings are quashed against the present applicant. 5. It appears that non-applicant No.2 got engaged and her marriage has been fixed and therefore, she does not want to prosecute the applicant in order to lead a peaceful life. Considering this aspect, the pending proceedings may become a hindrance in her peaceful future, perhaps she may be called by issuance of summons to the place where she will reside with her husband in future. That apart, the offence does not appear to be heinous in nature. 6. In view of the above, a case is made out for exercising the inherent powers of this Court under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 to quash the FIR against the present applicant. 7. Accordingly, I proceed to pass the following order : Judgment 4 J-APL No.844.2026.odt (i) The Criminal Application is allowed. (ii) FIR No.224/2022, dated 10.03.2022, registered with Police Station, Chikhli, District Buldhana for the offences punishable under Sections 354, 354-A, 451 and 506 of the Indian Penal Code, 1860 and consequent chargesheet No.84/2022, dated 02.05.2022 registered as Regular Criminal Case No.137/2022, pending before learned Judicial Magistrate, First Class, Court No.2, Chikhli, District Buldhana, are hereby quashed and set aside. (iii) The applicant shall deposit costs of Rs.5,000/- (Rs. Five thousand only) to the account of “Public Welfare Fund” in Union Bank of India, High Court Branch, Nagpur having account No.129712010001014 and IFSC Code UBIN0812978, within a period of two weeks from the date of this order. 8. The criminal application is disposed of. (M.W. CHANDWANI, J.) Kirtak Signed by: Mr. B.J. Kirtak Designation: PA To Honourable Judge Date: 30/09/2026 19:04:55