Judgment 1 J-APL No.2404.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION (APL) NO. 2404 OF 2026 1) Raman S/o Suresh Jadhao, Aged about 25 years, Occ. Student, R/o. Dhotra Jahangir, Tq. Karanja & Distt. Washim. 2) Vaishali D/o Subhash Jadhao, Aged about 35 years, Occ. Service, R/o. Dhotra Jahangir, Tq. Karanja & Distt. Washim. …. APPLICANT // VERSUS // 1) The State of Maharashtra, Through Police Station Officer, Police Station Sitabuldi, Nagpur City, Tq. & Distt. Nagpur. 2) X Y Z (Victim in Crime bearing First Information Report No.0533 of 2026 registered at Sitabuldi Police Station, Nagpur) …. N ON-APPLICANTS _____________________________________________________________ Ms. Kirti Deshpande, Advocate with Mr. Alpesh Deshmukh, Advocate for applicants. Ms. D. I. Charlewar, Additional Public Prosecutor for non- applicant No.1/State. Ms. Neha N. Kinnekar, Advocate for non-applicant No.2. _____________________________________________________________ CORAM : M.W. CHANDWANI, J. DATED : OCTOBER 07, 2026 ORAL JUDGMENT : 1. Admit. Heard finally by consent of the learned counsel appearing for the parties. 2026:BHC-NAG:13491 Judgment 2 J-APL No.2404.2026.odt 2. The applicants seek quashing of First Information Report (FIR) No.533/2026, dated 24.08.2026, registered with Police Station, Sitabuldi, Nagpur City for the offences punishable under Sections 64(2)(m), 115(2), 352 and 351(3) of the Bhartiya Nyaya Sanhita, 2023 (for short the “BNS”) on account of settlement between the parties. 3. The FIR indicates that applicant No.1 came in contact with non-applicant No.2/complainant in the year 2024. Thereafter, their friendship turned into a love relationship. It is alleged that on 14.07.2026, applicant No.1 established physical relationship with non-applicant No.2 by threatening her. It is contended that the said physical relationship continued from time to time at various places. Later on, non-applicant No.2 informed the said incident to applicant No.2 who is the sister of applicant No.1, but instead of stopping her brother, applicant No.2 threatened non-applicant No.2 and abused her in filthy language. Therefore, on the complaint filed by non-applicant No.2, the aforesaid offences came to be registered against the applicants. 4. The present application is filed for quashing of the FIR on account of settlement between the parties. Non-applicant No.2 appeared through her learned counsel and filed her affidavit-in-reply. Judgment 3 J-APL No.2404.2026.odt She is present in Court today and is duly identified by her counsel. In her affidavit, she contended that the matter is settled between the parties. The dispute between applicant No.1 and non-applicant No.2 arose out of certain misunderstanding. 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 by intervention of elders from both the families. Non-applicant No.2 further stated that she does not want to prosecute the applicants any further and she has no objection if the FIR is quashed against the applicants. 5. It appears that the offence alleged is of forcible sexual intercourse by applicant No.1 with non-applicant No.2. It also appears on record that there was a love relationship between applicant No.1 and non-applicant No.2, which continued for about one year. The relationship between applicant No.1 and non-applicant No.2 prima facie appears to be consensual in nature. Non-applicant No.2 is a major girl. As per the affidavit of non-applicant No.2, there was certain misunderstanding between the couple which resulted into lodging of the present FIR. Both the parties wish to move ahead in their life by forgetting the past. In my view, continuation of proceedings may become a hindrance in their future peaceful life. Judgment 4 J-APL No.2404.2026.odt Since, the matter is settled between the parties, there are bleak chances of conviction. 6. In this regard, a reference can be made to the decision of Madhukar & others vs. State of Maharashtra & another [(2025) SCC Online SC 1415], wherein in para 6 has held as under : “6. At the outset, we recognise that the offence under Section 376 IPC is undoubtedly of a grave and heinous nature. Ordinarily, quashing of proceedings involving such offences on the ground of settlement between the parties is discouraged and should not be permitted lightly. However, the power of the Court under Section 482 CrPC to secure the ends of justice is not constrained by a rigid formula and must be exercised with reference to the facts of each case.” In view of the legal position enumerated above, the facts of each case are required to be seen. 7. Considering the submissions and peculiar facts of the case, no fruitful purpose would be served by continuing the prosecution. Therefore, 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.533/2026, dated 24.08.2026, registered with Police Station, Sitabuldi, Nagpur City for the offences Judgment 5 J-APL No.2404.2026.odt punishable under Sections 64(2)(m), 115(2), 352 and 351(3) of the Bhartiya Nyaya Sanhita, 2023, is hereby quashed and set aside. (iii) The applicants shall deposit costs of Rs.5,000/- (Rs. Five thousand only) to the account of “Army Central Welfare Fund” in Union Bank of India, Sarafa Market, Chandni Chowk, Delhi-110006, having account No.520101236373338 and IFSC Code UBIN0530778, within a period of two weeks from the date of this order. 8. The criminal application is disposed of. (M.W. CHANDWANI, J.) Kirtak Signed by: Mr. B.J. Kirtak Designation: PA To Honourable Judge Date: 08/10/2026 18:50:10