H.C.SHIV 5.W4118.26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4118 OF 2026 Manish Ramprakash Tikawade …Applicant V/s. 1. The State of Maharashtra & Anr. …Respondents Ms. Sakshi S. Mane for the Applicant. Ms. Anagha Deshmukh, APP for Respondent No.1-State. Mr. Ashish Vernekar 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 petition seeks quashing and setting aside of Sessions Case No.551 of 2019, pending before the learned Additional Sessions Judge, 13th Court, Dindoshi, Mumbai arising out of FIR bearing Cr.No.218 of 2017, registered with Versova police station, Mumbai for the offence punishable under Section 376(2)(n) and 313 of the Indian Penal Code, 1860 (“IPC”) on the report dated 8th July 2017, filed by Respondent No.2 (“the victim”). 3. The prosecution case is that, between March 2009 and 4th July 2017, the petitioner maintained friendly relationship with the victim and stayed together in same room. It is alleged that, the petitioner, on false pretext of marriage, repeatedly committed forcible sexual intercourse with the victim against her will. Consequently, the victim got pregnant on three occasions, but, the petitioner caused her to abort the child on each occasion. It is alleged that, however, the petitioner refused to marry with the HEMANT CHANDERSEN SHIV Digitally signed by HEMANT CHANDERSEN SHIV Date: 2026.10.05 11:50:05 +0300 H.C.SHIV 5.W4118.26.DOC victim. Therefore, the aforesaid crime came to be registered. On completion of the investigation, the charge-sheet came to be filed. 4. The learned Counsel for the parties state that, now, the parties have amicably settled their dispute. The victim has given her consent and no objection to quash the said case. Mr.Vernekar, 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 Mr.Vernekar. She has reiterated the contents of the affidavit. The petitioner and the victim state that although they had stayed together for long period, now, it has become difficult for them to stay together due to constant disputes between them. This compelled them to part their ways. The victim states that her physical relationship with the petitioner was consensual. This fact is candidly stated in the affidavit. The text of the FIR also evinces that the relationship between the two was consensual. The victim states that since the matter has been settled, she does not want to prosecute the petitioner in the said case and she is firm on her decision and, she will maintain the said stand before the trial Court. As such, there are bleak chances of the prosecution succeeding in the present case. 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.5,00,000/-. Said statement is accepted as an undertaking given to this Court. Hence, following order:- H.C.SHIV 5.W4118.26.DOC (a) Writ Petition No.4118 of 2026 is allowed. (b) Sessions Case No.551 of 2019, pending before the learned Additional Sessions Judge, 13th Court, Dindoshi, Mumbai and the FIR bearing Cr. No.218 of 2017, registered with Versova police station, Mumbai for the offence punishable under Section 376(2)(n) and 313 of the IPC, are quashed and set aside. 6. The petitioner is directed to pay a cost of Rs.5,00,000/- to the ‘The High Court Employees Medical 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 :- The High Court Employees Medical Welfare Fund Bank Name :- Bank of India Branch Name :- Mumbai Main Branch Mumbai 400 023 Account Number :- 000120110001337 IFSC Code :- BKID0000001 Type of Account :- Current Account 6.1 List this petition on 20th November, 2026 ‘for recording compliance’. (SHYAM C. CHANDAK, J.)