1 apl2352.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO.2352 OF 2026 Ajay Namdeoji Dongare Aged about 27 years, Occ: Private, R/o Ekona, Post. Panjurni Tah. Warora, Dist. Chandrapur. ...APPLICANT ...V E R S U S... 1. The State of Maharashtra Through Police Station Officer, Police Station, Warora, Tah. Warora, Dist. Chandrapur. 2. XYZ (victim in Crime No.0812/2025 registered with P.S. Warora, Tah. Warora, Dist. Chandrapur.) ...NON-APPLICANTS ------------------------------------------------------------------------------------------- Shri A.R. Ingole, Advocates for applicant. Shri H.D. Futane, APP for non-applicant no.1/State. Shri Ashish Chawre, Advocates for non-applicant no.2. ------------------------------------------------------------------------------------------- CORAM:- M.W. CHANDWANI, J. DATED :- 01.10.2026 ORAL JUDGMENT: 1. Admit. 2. The applicant seeks quashing of First Information Report bearing Crime No.812/2025 registered with Police Station, Warora, District Chandrapur for the offences punishable under Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, “POCSO Act”) and Sections 64 (1), 2026:BHC-NAG:13179 2 apl2352.26.odt 64(2)(i) and 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 and consequent charge-sheet arising out of the same FIR. 3. The FIR depicts that that non-applicant no.1/complainant came in contact with the applicant in April 2025 when she was staying at Ekona due to her grandmother’s injury. During her stay, a love relationship developed between the applicant and the complainant, and on one occasion they allegedly had sexual intercourse at the house. Thereafter, the prosecutrix returned to her native place. Upon developing health problems, she underwent a medical examination and was informed that she was approximately eight months pregnant. She was subsequently admitted to the Medical Hospital, Nagpur, on 25.11.2025 for treatment. Therefore, on the complaint of the complainant, the aforesaid offence came to be registered against the applicant. 4. It is contended by the learned counsel for the applicant that the applicant has married with the complainant and both are now residing together. It is contended that at the time of alleged incident, the complainant was on the verge of attaining the age of majority. He further submits that since both of them are married, continuation of prosecution against the applicant would not only hinder the life of the complainant but also the life of their child 3 apl2352.26.odt born out of the said marriage. Therefore, it is submitted that the FIR and consequent proceedings are required to be quashed and set aside. 5. The complainant is present in Court today. She has been duly identified by her counsel who reiterates that the applicant has performed marriage with her and they are residing together. Learned counsel for the complainant has tendered an affidavit across the Bar which is taken on record and marked as “X” for identification, wherein it is contended that she has no grievance whatsoever against the applicant and does not want to proceed with the prosecution initiated out of Crime No.0812/2025. She also admits the contents of the affidavit and submits that she is residing with the applicant and they are leading a peaceful married life. The complainant further submits that she has no objection if the FIR and consequent proceedings are quashed against the applicant. 6. No doubt, offence under the provisions of the POCSO Act are serious and heinous in nature and generally, the FIR should not be quashed in cases involving such heinous offences. However, the Supreme Court in various cases time and again has reiterated that, in some peculiar facts of the case, the Court has to 4 apl2352.26.odt take pragmatic approach and can quash the FIR if situation warrants so. 7. A reference can be made to the decision in the case of of Ayyub Malik and another Vs. State of Uttarakhand and another 1 wherein, the applicant was being prosecuted under the provisions of the POCSO Act. On account of settlement between the applicant and the victim, more particularly after considering the fact that the victim married the applicant, the Supreme Court while quashing the FIR, observed as under: “6.1 Any litigation brings a kind of botheration for the parties. The uncertainty of the outcome of the litigation always looms large. When it is a criminal case, its pendency becomes burdensome and worrisome. For appellant No.1 as well as appellant No.2, negotiating the criminal proceedings in a court of law, notwithstanding that both are now husband and wife living together, would operate as painful interference in their happy life. The High Court would have done justice to the parties only by quashing the criminal proceedings against appellant No.1 initiated by the complainant-father of appellant No.2.” 8. A reference can also be made to the decision of the Supreme Court in the case of K. Kirubakaran Vs. State of Tamil Nadu 2 wherein, it has been observed that generally an offence under the provisions of the POCSO Act shall not be quashed. 1 2026 SCC OnLine SC 637 2 2025 SCC OnLine SC 2307 5 apl2352.26.odt However, in exceptional cases, a balanced approach is required to be adopted by combining practicality and empathy. The FIR can be quashed if the victim does not want to prosecute the matter any further. 9. In the present case, it appears that at the time of incident, the complainant was on the verge of attaining the age of majority and had completed 17 years and 9 months. It appears that the physical relationship between the applicant and the complainant was the result of love relationship. There is no material on record to suggest that the applicant, out of lust, had committed sexual intercourse with the complainant. That apart, the applicant and the complainant subsequently performed marriage and have been living together. In this scenario, if the prosecution is allowed to be continued, the life of the complainant and their daughter who is entirely dependent on the applicant, will be in jeopardy. Rather, since the matter has been settled between the parties, chances of supporting the prosecution case by the complainant are very bleak. Therefore, it would be a futile exercise to put the applicant on trial. 10. In the peculiar facts and circumstances of the case, in my view, a case is made out for exercising the inherent powers of 6 apl2352.26.odt this Court under Section 528 of the BNSS, 2023. 11. In view of the above, the following order is passed: i. The criminal application is allowed. ii. First Information Report bearing Crime No.0812/2025 registered with Police Station, Warora, District Chandrapur for the offences punishable under Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 and Sections 64 (1), 64(2)(i) and 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 and consequent charge-sheet arising out of the same FIR are hereby quashed and set aside, qua the present applicant subject to the applicant depositing costs of ₹5,000/- (Rupees Five Thousand Only) to “Public Welfare Fund” with 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. With this, the application stands disposed of. (M.W. CHANDWANI, J.) Wagh Signed by: Mr. S.R. Wagh Designation: PA To Honourable Judge Date: 05/10/2026 18:43:21