H.C.SHIV 10-WP6755 OF 2025.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.6755 OF 2025 Ajinkya Raisingh Jadhav …Petitioner V/s. 1. The State of Maharashtra 2. XYZ …Respondents Mr. Dhanraj A. Lodha a/w Husna Ara for the Petitioners. Mr. Vinod Chate, APP for the Respondent No.1 - State. Mr. Durgesh Jaiswal a/w Mr. Dubash and Mr. Khan for Respondent No.2. CORAM: SHYAM C. CHANDAK, J. DATED : 8th OCTOBER, 2026 P.C. :- 1. Heard learned Counsel for the parties. Perused the record. 2. Present petition seeks quashing and setting aside of the FIR bearing Cr.No.0330 of 2025, registered with Phursungi Police Station, Pimpri Chinchwad, Pune, for the offence punishable under Sections 69, 115 (2), 351 (2) and 352 of the Bharatiya Nyaya Sanhita, 2023 (“BNS”), on the report dated 27th September 2025, filed by Respondent No.2 (“the victim”) and consequent criminal case bearing R.C.C. No.1914 of 2025 pending before the learned JMFC, Cantonment Court, Pune. 3. The prosecution case is that, the victim was previously married and has one child from the said wedlock. As differences arose between the victim and her husband, they filed a divorce petition. Meanwhile, the petitioner and the victim came into contact through Instagram and, over a period of time, developed a friendship. When the victim disclosed her past life to the petitioner, p. 2 HEMANT CHANDERSEN SHIV Digitally signed by HEMANT CHANDERSEN SHIV Date: 2026.10.17 16:00:38 +0300 H.C.SHIV 10-WP6755 OF 2025.DOC he expressed his love for her and promised to marry her. It is alleged that, during the period from 29th February 2024 to 30th July 2025, on the pretext that the victim was going to divorce her husband and that he would marry her thereafter, the petitioner established physical relations with her on several occasions at different places. However, on 30th July, 2025, the petitioner informed the victim that his family was arranging his marriage and therefore his family would not agree for their marriage. It is further alleged that the petitioner abused and assaulted the victim and threatened her. The aforesaid allegations led to the registration of the said crime and filing of the charge-sheet. 4. The learned Advocates for the parties state that, now, the parties have settled the dispute and the victim does not want to prosecute the petitioner in the said case. Therefore, she has given her consent and no objection to quash and set aside the impugned FIR and the consequent criminal case. An Affidavit sworn by the victim to that effect is enclosed with the petition. 5. The victim is present before the Court. She is identified by her Advocate Mr. Jaiswal. The victim has reiterated the contents of the affidavit. She stated that the relationship between her and the petitioner was consensual. She stated that the FIR was lodged due to a misunderstanding, therefore, she does not want to pursue the present case. She is firm on her stand not to prosecute the petitioner and she will maintain the same stand before the trial Court. That apart, considering the text of the FIR, it appears that, the victim was aware that without her divorce, her marriage with the petitioner was not possible. Yet, she established the physical relationship with the petitioner. As such, the element of deception by the petitioner is completely missing in this case and therefore this is a case of consensual physical relationship. Therefore, no purpose would be p. 3 H.C.SHIV 10-WP6755 OF 2025.DOC served by continuing the subject matter prosecution. In view thereof, I am inclined to allow the petition. 6. As I have expressed my opinion for quashing of the present crime, learned Advocate for the petitioner, on instructions, submitted that the petitioner will voluntarily pay a cost of Rs.1,00,000/- to the victim for the benefit of her minor child. Said statement is accepted as an undertaking given to this Court. Hence, following order:- (a) Criminal Writ Petition No. 6755 of 2025 is allowed. (b) The impugned FIR bearing C.R. No.0330 of 2025, registered with Phursungi Police Station, Pimpri Chinchwad, Pune, for the offence punishable under Sections 69, 115(2), 351(2) and 352 of the BNS and consequent criminal case bearing R.C.C. No.1914 of 2025 pending before the learned JMFC, Cantonment Court, Pune, are quashed and set aside. 7. The petitioner is directed to pay a cost of Rs.1,00,000/- to the victim for the benefit of her minor child 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 shall be submitted in the Registry of this Court. 7.1. List this petition on 20th November 2026, for “recording compliance”. (SHYAM C. CHANDAK, J.)