H.C.SHIV 93.APL1597.26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO.1597 OF 2026 Mr. Kamlesh M. Patel …Applicant V/s. The State of Maharashtra & Anr. …Respondents Mr. Mutahhar Khan i/b Ms. Neha Choksi for the Applicant. Mr. V. A. Kulkarni, APP for Respondent No.1. Ms. Pranita P. Hingmire for Respondent No.2. CORAM: SHYAM C. CHANDAK, J. DATED : 30th SEPTEMBER, 2026 P.C. :- 1. Heard learned Counsel for the parties. Perused the record. 2. Present application seeks quashing and setting aside of Criminal Case No.15/PS/2013, pending before the learned Metropolitan Magistrate, 32nd Court at Bandra, Mumbai arising out of FIR bearing Cr. No.72 of 2012, registered with Nirmal Nagar police station, Mumbai for the offence punishable under Section 354 of the Indian Penal Code, 1860 (“IPC”) on the report dated 31st March 2012 filed against the applicant by Respondent No.2 (“the victim”). 3. The prosecution case is that, the applicant and the victim were working in the same college. It is alleged that, on 23rd August 2011, while the victim was working in the office of the college, the applicant came there and passed obscene comments against the victim and also placed his hand over her shoulder. It is alleged that, HEMANT CHANDERSEN SHIV Digitally signed by HEMANT CHANDERSEN SHIV Date: 2026.10.05 11:50:21 +0300 H.C.SHIV 93.APL1597.26.DOC the applicant was staring at the victim with improper intention, made eye gestures and behaved in a way that would made the victim feel ashamed. The applicant also threatened the victim that if she did not co-operate with him she would loose her job. Consequently, the said FIR came to be registered. On completion of investigation, charge-sheet came to be filed. 4. The learned Counsel for the parties state that, now, the matter has been amicably settled between the parties. The victim has given her consent and no objection to quash and set aside the impugned criminal case. Mr.Hingmire, the learned Counsel has tendered an Affidavit sworn by the victim to that effect. It is taken on record and marked “X” for identification. 5. The victim is present before the Court. She is identified by learned Counsel Ms.Hingmire. She has reiterated that the contents of the Affidavit. She states that affirmed and signed the Affidavit out of her own free will. She states that, the applicant has been facing this prosecution for last more than 14 years. The applicant’s service in the said college was permanent. He has been removed from that service due to this prosecution. Since then, he has been working in a private establishment. Thus, the applicant has suffered socially as well as economically on account of the said case. The victim states that, considering this difficult situation of the applicant, she has decided not to prosecute the applicant in the said case and to settle it out of the Court. Accordingly, she has given her consent and no- objection to quash said criminal case registered on her FIR. The victim states that she is firm on her stand and she would maintain the said stand before the trial Court. As such there is bleak chance of the said charge going to be proved. Therefore, no purpose would be served by continuing the prosecution arising out of the said FIR. H.C.SHIV 93.APL1597.26.DOC As a result, I am inclined to allow this application. Hence, following order:- (a) Criminal Application No.1597 of 2026 is allowed. (b) Criminal Case No.15/PS/2013, pending before the learned Metropolitan Magistrate, 32nd Court at Bandra, Mumbai arising out of FIR bearing Cr. No.72 of 2012, registered with Nirmal Nagar police station, Mumbai for the offence punishable under Section 354 of the IPC, is quashed and set aside. (SHYAM C. CHANDAK, J.)