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2026 DAILYLAW 8189 (BOM)

SIDDHARTH RAMESH PAWAR AND ORS v. THE STATE OF MAHARASHTRA

APL/383/2026 · 2026-09-11

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Judgment text

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122. CRI APL-383-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 383 OF 2026 Siddharth Ramesh Pawar & Ors. .. Petitioners Versus The State of Maharashtra & Anr. .. Respondents ....................  Mr. Ganesh Gupta a/w Ms. Priyanka Rathod, Mr. Sahil Ghorpade, Mr. Shivkumar Bais, Mr. Madan Khansole, Mr. Ritik Gupta & Mr. Tushar Gaikwad i/by GG Legal Associates, Advocates for Petitioners  Mr. Sukanta A. Karmakar, APP for State  Mr. Surya P. Gupta, Advocate for Respondent No. 2 ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 11, 2026 P. C. : 1. Heard Mr. Gupta, learned Advocate for Petitioners; Mr. Karmakar, learned APP for State and Mr. Gupta, learned Advocate for Respondent No. 2. 2. Present Application is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking quashing of the entire proceedings arising out of the subject FIR bearing C.R. No. 005 of 2026 registered with Trombay Police Station on 06.01.2026 for the offences punishable under Section 109, 118(1), 351(3), 352, 115(2) and 3(5) of BNS and 37(1)(a) and 135 of Maharashtra Police Act, 1951. 3. Parties are before the court. There are three petitioners who are accused of having assaulted Respondent No. 2 - Complainant. The 1 of 3 122. CRI APL-383-26.odt Complainant works in the same vicinity as a cleaner in office and establishment of Applicants. They know each other very well. 4. According to prosecution case, one of the Applicants alleged that his perfume bottle kept in the bathroom was used by the complainant repeatedly and therefore he along with two of his brothers assaulted the complainant. 5. The injury certificate is placed before me by Mr. Gupta which is appended to the chargesheet. Prima facie, it shows two simple injuries of bruises and a neck mark. Though FIR is filed for causing attempt to murder and allied provisions, the injury certificate itself belies the case of the prosecution on the face of it. That apart, the parties all being young offenders, are all before me. They seek quashing by consent so that they can move on in their life since the present criminal proceedings deter their future prospects. I have interacted with them. Applicants have expressed remorse. 6. The consent Affidavit of complainant dated 19.02.2026 is placed before this Court. I have perused the same. The parties urge the Court to put an end to the criminal proceedings. The consent affidavit is accepted. 7. In view of the above, the Application stands allowed in terms of prayer clause (b) which reads thus:- 2 of 3 122. CRI APL-383-26.odt "b) This Hon'ble Court be pleased to quash and set aside entire consequent proceedings emanating from the First Information Report (F.I.R.) vide C.R. No. 005 of 2026 registered with Trombay Police Station on 06.01.2026 for an offence punishable under Section 109, 118(1), 351(3), 352, 115(2) and 3(5) of BNS, 2023 and 37(1)(a), 135 of Maharashtra Police Act, 1951 against above- named Applicants, lodged at the instance of present Respondent No. 2 by exercising its inherent power as provided under Section 528of the BNSS." 8. It is further clarified that the subsequent proceedings i.e. chargesheet filed before Sessions Case No. 761/2026 pending on the file of learned Additional Sessions Judge, Greater Mumbai is also quashed and set aside. 9. Application is allowed and disposed. Amberkar [ MILIND N. JADHAV, J. ] 3 of 3 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.09.12 17:20:47 +0530