P.H. JAYANI 904 WP1838.2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1838 OF 2026 1. Abhishek Dayasagar Kadam 2. Sunita Dayasagar Kadam 3. Pratiksha Shriprasad Thorat …. Petitioners V/s. The State of Maharashtra and anr. …Respondents Adv. Nishi N. Jain a/w. Adv. Gautam P. Khobragade and Ms. Bhavika Hodar i/b. Mr. Pradyumna Sharma for the Petitioners. Mr. H.J. Dedhia, APP for the Respondent No.1 – State. Mr. Vaibhav Choudhari (through VC) for Respondent No.2. CORAM: SHYAM C. CHANDAK, J. DATED : 24th SEPTEMBER, 2026 P.C. :- 1. Present petition seeks to quash and set-aside the FIR bearing Cr.No.245/2025 registered with Kharghar Police Station, Navi Mumbai for the offence punishable under Sections 69 and 115(2) of Bharatiya Nyaya Sanhita, 2023 (“BNS”) and Sections 3(1) (w)(i) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“SC&ST Act”), on the report dated 11.06.2025 filed by the Respondent No.2, (“the victim”) against the petitioners, the consequent Special Case No.163 of 2025 pending before the learned Special Court, at Panvel and the Order dated 14.07.2025 passed by the learned Special Court, thereby taking cognizance of the said offence. 2. Heard learned Counsel for the parties. Perused the record. 3. The prosecution case is that the victim met with petitioner No.1 through a social media which led them to meet with each- other and establishing love relationship between them. The victim alleged that thereafter, under the false pretext of marriage, the P.H. JAYANI 904 WP1838.2026.DOC petitioner No. 1 repeatedly committed sexual intercourse with her against her will on different dates and places. It is alleged that, ultimately, petitioner No.1 refused to marry her due to her caste and the other petitioners abetted him in the said act and also abused her on caste. Therefore, the impugned FIR came to be registered and investigation led to filing of charge-sheet. 4. Learned Advocates for the parties state that, now, the petitioners and the victim have amicably settled their dispute. The victim has consented and given her no objection to quash the impugned FIR. Mr. Choudhari, learned Advocate tendered an Affidavit sworn by the victim to that effect. It is taken on record and marked ‘X’. 5. The victim is present in the Court. She is identified by Mr. Choudhari. She has reiterated the contents of the Affidavit. The victim has stated that the FIR was filed out of misunderstanding between the parties. The physical relationship between her and petitioner No.1 was consensual. Therefore, she does not want to prosecute the petitioners in the said case. She is firm on her stand and, the same stand she would take before the trial Court. Even otherwise, the text of the FIR indicates that the relationship between the two was with consent of each-other, but, certain dispute, caused the victim to file the said FIR. 6. In the wake of above, no purpose would be served by continuing the criminal proceedings arising out of the subject matter FIR. As a result, I am inclined to allow the petition. 7. As I have expressed my opinion for quashing of the present crime, learned Advocates for the petitioners on instructions, submitted that, the petitioners will voluntarily pay a cost of Rs.75,000/- within a period of two weeks from the date of P.H. JAYANI 904 WP1838.2026.DOC uploading of the Order. The said statement is accepted as an undertaking given to this Court. 8. Thus, the petition is allowed and following Order is passed :- (i) Criminal Writ Petition No.1838 of 2026 is allowed. (ii) The impugned FIR bearing Cr.No.245/2025 registered with Kharghar Police Station, Navi Mumbai for the offence punishable under Sections 69 and 115(2) of BNS and Sections 3(1)(w)(i) and 3(2)(va) of the SC&ST Act, the proceedings in consequent Special Case No.163 of 2025 pending before the learned Special Court, at Panvel and the Order dated 14.07.2025 passed by the learned Special Court, thereby, taking cognizance of the said offence, are quashed and set aside. 9. The petitioners are directed to pay a cost of Rs.75,000/- 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 :- Saving 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. S/v. Account Number :- 90552010165915 IFSC Code :- CNRB0019055 9.1 List this petition on 23rd October 2026, ‘for recording compliance’. (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Digitally signed by PREETI HEERO JAYANI Date: 2026.10.05 17:19:46 +0530