P.H. JAYANI 09 WP3534.2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3534 OF 2026 1. Abhishek Munna Vishwakarma 2. Sunil Rammilan Sharma alias Sunil Rammilan Vishwakarma 3. Kiran Sunil Sharma alias Kiran Sunil Vishwakarma 4. Mamta Munna Vishwakarma 5. Aarju Akhtar Hussain …. Petitioners V/s. 1. The State of Maharashtra 2. XYZ …Respondents Ms. Sonam Pandey a/w. Ms. Shifa Ansari for the Petitioners. Ms. Veera Shinde, APP for the Respondent No.1 – State. Mr. Hridhay Shetty for Respondent No.2. CORAM: SHYAM C. CHANDAK, J. DATED : 6th AUGUST, 2026 1. Petitioners arraigned in an FIR bearing C.R.No.794/2025 registered with Shrinagar Police Station, Thane for the offence punishable under Sections 69, 75, 115(1), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”) on the report filed by Respondent No.2, seeks to quash and set-aside the said FIR. 2. Heard learned Counsel for the parties. Perused the record. 3. The prosecution case is that, in the year 2023, Respondent No.2 was studying in ITI college, Kopri. At that time, she had attended 15 days computer training course at Aashar IT Park, Thane. Petitioner No.1 was appointed for the said training course. Therefore, Petitioner No.1 and Respondent No.2 got acquainted P.H. JAYANI 09 WP3534.2026.DOC with each other and gradually, they became friends. It is alleged that between January 2024 and April 2025, Petitioner No.1 committed repeated sexual intercourse with Respondent No.2 without her consent making a false promise that he will marry her and by threatening to send her obscene videos to her Uncle. On two occasions, she got pregnant, but, Petitioner No.1 caused her to abort the child. It is alleged that in May 2025, when the victim went to the house of the Petitioners and asked him to marry with her, all the Petitioners abused and assaulted her. In July 2025, she met with Petitioner No.1 at certain place and asked him to marry with her. However, he refused to marry and his Uncle, who was present there, abused her. Therefore, the aforesaid crime came to be registered. On completion of investigation charge-sheet is filed. 4. Learned Counsel for the parties states that, the Petitioners and Respondent No.2 have amicably settled this matter outside the Court. As per the settlement, Respondent No.2 has consented and given her no objection to quash the impugned FIR and criminal proceedings arising therefrom. The Affidavit sworn by Respondent No.2 to that effect is enclosed with the Petition. 5. In her Affidavit, Respondent No.2 has stated that, the settlement is arrived at voluntarily, genuine, unconditional and without any reservation. She has no objection to quash the impugned FIR and all the proceedings arising therefrom against the Petitioners. Thus, the parties have taken a firm stand before this Court they want to end all their disputes and move on with their lives as they desire. It appears that the continuation of the prosecution may cause further disruption in the personal lives of the parties and therefore, they have taken such a firm stand. That apart, considering the narration in the FIR, it appears that the P.H. JAYANI 09 WP3534.2026.DOC physical relationship between Petitioner No.1 and Respondent No.2 was consensual, but, the differences between them led to filing of the FIR. 6. In view thereof, no purpose will be served by continuing the proceedings arising out of the said FIR and the consequential criminal case. Therefore, I am inclined to allow the Petition. 7. As I expressed my opinion for quashing of the present crime, learned Advocates for the Petitioners and Respondent No.2, on instructions, submitted that, the Petitioners will voluntarily pay a cost of Rs.25,000/- and Respondent No.2 will voluntarily pay a cost of Rs.10,000/- The said statement is accepted as an undertaking given to this Court. 7.1 In view thereof, the following Order is passed :- (a) Criminal Writ Petition No.3534 of 2026 is allowed. (b) The FIR bearing C.R.No.794/2025 registered with Shrinagar Police Station, Thane for the offence punishable under Sections 69, 75, 115(1), 352, 3(5) of the BNS, 2023 and the consequential proceedings arising therefrom, are quashed and set aside. 7.2 The Petitioners are directed to pay a cost of Rs.25,000/- and Respondent No.2 is directed to pay cost of Rs.10,000/- to the Armed Forces Battle Casualties Welfare Fund’ (AFBCWF) 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. P.H. JAYANI 09 WP3534.2026.DOC 7.3 Details of the bank account for payment of cost are as under :- 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. Account Number :- 90552010165915 IFSC Code :- CNRB0019055 Type of Account :- Saving 8. List this Petition on Board on 11th September, 2026, ‘for recording compliance’. (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Digitally signed by PREETI HEERO JAYANI Date: 2026.08.21 14:20:48 +0530