Kisan Devram Gafale vs The State Of Maharashtra And Another
2026 Latest Caselaw 5450 Bom

Bombay High Court

Kisan Devram Gafale vs The State Of Maharashtra And Another on 22 May, 2026

2026:BHC-AUG:21971
                                                        Criminal Writ Petition No.649/2026
                                              :: 1 ::




                      IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                  BENCH AT AURANGABAD


                        CRIMINAL WRIT PETITION NO. 649 OF 2026


            Kisan s/o Devram Gafale                             ....Petitioner
                     VERSUS
            The State of Maharashtra & anr.                     ....Respondents

                                              .......
            Mr. K.N. Shermale, Advocate for petitioner
            Mr. R.K. Ingole, A.P.P. for respondent No.1.
            Mr. U.S. Mote, Advocate for R.No.2
                                              .......

                                    CORAM : SIDDHESHWAR S. THOMBRE, J.
                                            VACATION COURT
                                    DATE      : 22nd MAY, 2026

            PER COURT :


            1.          Heard learned counsel for the respective parties.


            2.          By this petition, the petitioner is seeking quashing of

            F.I.R. bearing No.0250/2025, registered with Ghargaon City Police

            Station, Taluka Sangamner, District Ahmednagar for the offences

            punishable under Sections 64, 329(1), 329(3), 352, 351(2) of the

            Bhartiya Nyaya Sanhita, 2023 and the Sessions Case No.69 of 2025

            pending before the learned Additional Session Judge, Sangamner,
                                              Criminal Writ Petition No.649/2026
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District Ahmednagar.


3.             Pursuant to the notice issued by this Court on

15/5/2026, the respondent No.2 has appeared in the matter and

filed affidavit-in-reply, in which she has stated that, during the

pendency of the petition, the family members from both the sides

have settled the dispute and she does not want to proceed with the

above mentioned F.I.R.        She has further stated that, she is not

interest to give evidence against the petitioner.


4.             Learned A.P.P. strongly opposed for quashing of the F.I.R.,

by contending othat the F.I.R. was registered on the basis of the

complaint filed by the respondent No.2 and there are serious

allegations.     He further submits that, though the petitioner and

respondent No.2 have arrived at settlement, the same cannot be a

ground for quashing of the F.I.R. as the complaint is filed by the

State and the affidavit-in-reply filed by the respondent No.2 is

nothing but abuse of process of law and Court by the petitioner and

respondent No.2 and considering the seriousness of the offence, this

Court may not interfere in the matter.


5.             After having heard learned counsel for the petitioner
                                             Criminal Writ Petition No.649/2026
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and respondent No.2 and learned A.P.P. for the State and after

having gone through the copy of the F.I.R., I find that, though there

are allegations against the petitioner, the respondent No.2 is major

and the petitioner is also major. Now the respondent No.2 has filed

affidavit-in-reply by contending that the matter is settled between

them and she does not want to proceed with the matter.

Considering the affidavit-in-reply filed by the respondent No.2, even

if this Court dismisses the present petition and even if the trial is

proceeded, the respondent No.2 is not going to support the

prosecution case before the Trial Court and as such, it would

amount to misuse of the process of law and Court. In view thereof,

I am inclined to allow the Writ Petition. Hence the order :


                               ORDER

(i) The Criminal Writ Petition is allowed in terms of prayer

clauses (B) and (C), which read thus :

(B) The rule may kindly be made absolute by allowing this Criminal Writ petition, thereby quashing and setting aside First Information Report bearing No.0250 of 2025, dated11.08.2025 registered with Ghargaon City Police Station, Ghargaon, Taluka Sangamner, District Ahmednagar against the petitioner for the offences punishable under Sections 64, 329(1), 329(3), 352, 351(2) of the Bhartiya Nyaya Sanhita, 2023 against the present petitioner.

(C) The rule may kindly be made absolute by allowing this Criminal Writ Petition No.649/2026 :: 4 ::

Criminal Writ Petition, thereby quashing and setting aside Sessions Case No.69 of 2025 pending before the learned Additional Session Judge, Sangamner and the order dated 03/01/2026 passed by the Judicial Magistrate, First Class, Sangamner in R.C.C. No.695/2025.

(ii) Petitioner and respondent No.2 shall deposit costs of

Rs.25,000/- (Rupees twenty five thousand) by each of them

in this Court within a period of two weeks from today.

After deposit of the amount of costs, the same be

transmitted to Cancer Hospital, Aurangabad.

(SIDDHESHWAR S. THOMBRE, J.)

fmp/-