Judgment 1 J-APL No.1077.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION (APL) NO. 1077 OF 2026 Harshal Arvind Rewatkar, Aged about 27 years, Occ. R/o. 63, Ganeshnagar, Nagpur. …. APPLICANT // VERSUS // 1) State of Maharashtra, Through Police Station Officer, Ganeshpeth Police Station Nagpur. 2) X Y Z in FIR No.0111/2026 At Ganeshpeth Police Station, Nagpur. …. N ON-APPLICANTS _____________________________________________________________ Mr. S. K. Kale, Advocate for applicant. Mr. A. G. Mate, Additional Public Prosecutor for non- applicant No.1/State. Mr. Rushikesh Bhoyar, Advocate for non-applicant No.2. _____________________________________________________________ CORAM : M.W. CHANDWANI, J. DATED : SEPTEMBER 30, 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.116/2026, dated 16.04.2026, registered with Police Station, Ganeshpeth, Nagpur City for the offences punishable under Sections 2026:BHC-NAG:13079 Judgment 2 J-APL No.1077.2026.odt 64(2)(m), 296, 352 and 351(2) of the Bhartiya Nyaya Sanhita, 2023 (for short the “BNS”). 3. The FIR indicates that the applicant and non-applicant No.2/complainant got acquainted in the year 2021 and their friendship soon turned into a love relationship. The applicant told non-applicant No.2 that he will marry her. Non-applicant No.2 has alleged in the FIR that in the month of June-2021, the applicant took her to Hotel Midland, C.A. Road, Nagpur where he made her drink liquor and thereafter, committed forceful sexual intercourse, clicked photographs and took video recordings of the said incident. The applicant used to blackmail non-applicant No.2 and established physical relations with her under the threat of circulating the said video. Eventually, non-applicant No.2 broke off the relationship with the applicant. Non-applicant No.2 then requested the applicant to delete the said video as her wedding is getting fixed, but the applicant did not do so. Therefore, on the complaint filed by non-applicant No.2, the aforesaid offences came to be registered against the applicant. 4. In response to the notice, non-applicant No.2 appeared through her learned counsel and filed her affidavit-in-reply. She has appeared through video conferencing today and is duly identified by Judgment 3 J-APL No.1077.2026.odt her counsel. In her affidavit, she contended that the matter is settled between the parties. The dispute between the applicant and non- applicant No.2 arose out of strained relations and differences between them and therefore, under anger and frustration she lodged the complaint. She reiterated the contentions of the affidavit and contended that the matter is settled between the parties. Non- applicant No.2 further stated that she does not want to prosecute the applicant any further and she has no objection if the FIR is quashed against the applicant. 5. It appears that the offence alleged is of forcible sexual intercourse by the applicant with non-applicant No.2. It also appears on record that there was a love relationship between the applicant and non-applicant No.2, which continued for about 3 years. As per the affidavit of non-applicant No.2, the strained relations and differences between the couple resulted into lodging of the present FIR. Both the parties wish to move ahead in their life by forgetting the past. That apart, the material available on record reveals that the relationship between the applicant and non-applicant No.2 prima facie appears to be consensual in nature. There is nothing on record to suggest that the applicant employed deceitful means to obtain consent of non-applicant No.2. Judgment 4 J-APL No.1077.2026.odt 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. Accordingly, I proceed to pass the following order : (i) The Criminal Application is allowed. (ii) FIR No.116/2026, dated 16.04.2026, registered with Police Station, Ganeshpeth, Nagpur City for the offences punishable under Sections 64(2)(m), 296, 352 and 351(2) of the Bhartiya Nyaya Sanhita, 2023, is hereby quashed and set aside. (iii) The applicant shall deposit costs of Rs.10,000/- (Rs. Ten 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. 7. The criminal application is disposed of. (M.W. CHANDWANI, J.) Kirtak Signed by: Mr. B.J. Kirtak Designation: PA To Honourable Judge Date: 01/10/2026 18:44:48