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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHREE CHANDRASHEKHAR, CJ., GAUTAM A. ANKHAD
Jaydeep Sujit Chaudhury alias Jaydeep Chaudhury – Appellant
Versus
State of Maharashtra, Through Amboli Police Station – Respondent
JUDGMENT :
GAUTAM A. ANKHAD, J.
The present Writ Petition is filed under Article 226 of the Constitution of India and section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.210 of 2015 dated 17th July 2015 and subsequent chargesheet dated 29th August 2016 filed in the proceedings in Sessions Case No.344 of 2023 pending before the Court of Sessions for Grater Bombay at Dindoshi, Goregaon.
2. An FIR was registered with the Amboli police station, Mumbai at the instance of the respondent no.2 on 17th July 2015 for the offences punishable under sections 376, 354C and 506 of the Indian Penal Code, 1860. After the investigation was conducted, charge-sheet was filed in Case No.2402/PW/2016 before the learned Additional Chief Judicial Magistrate at Andheri, Mumbai. Since the offence is triable by the Sessions Court, the case was transferred to learned Sessions Court at Dindoshi, Goregaon and numbered as Sessions Case No.344 of 2023. The petitioner was granted bail by the learned Sessions Court, Greater Mumbai by orders dated 5th August 2015 and 11th August 2015.
3. The differences between the parties have now been settled. The respondent no.2 is present virtually
Court has inherent powers to quash FIRs arising from settled disputes in sexual offence cases, despite general discouragement against such actions.
Court can quash criminal proceedings to prevent abuse of process of law when parties amicably settle disputes, ensuring justice is served.
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