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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 3352 OF 2022

Akshay Maruti Bodke … Petitioner

Versus

The State of Maharashtra & Ors. … Respondents

******

Mr. Ganesh Bhujbal for the Petitioner.

Ms. Sharmila Kaushik, APP for Respondent No.1-State.

Mr. Tushar Nikam for Respondent Nos.2 and 3.

PSI – Somnath Avhad, Tilak Nagar Police Station, Mumbai.

******

CORAM : MANISH PITALE AND

MANJUSHA DESHPANDE, JJ.

DATE : 23^rd DECEMBER 2025

P.C. :

. Heard learned counsel for the petitioner, learned APP for

the respondent-State and learned counsel appearing for

respondent Nos.2 and 3.

2. Respondent No.2 is the first informant i.e. the mother of the

victim and respondent No.3 is the victim herself.

3. By this petition, the petitioner has sought quashing of FIR

No.315 of 2018 registered at Tilak Nagar Police Station, Mumbai,

for offences under Sections 363 and 376 of the Indian Penal Code,

1860 (IPC) and Sections 4, 8 and 12 of the Protection of Children

from Sexual Offences Act, 2012 (POCSO Act), as also the charge-

sheet and POCSO Special Case No. 658 of 2018 pending before

the Special Court at Greater Bombay.

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4. A Division Bench of this Court (Revati Mohite Dere and

Prithviraj K. Chavan, JJ.) by an order dated 19^th December 2022,

took note of the fact that, at the time of the incident, the

respondent No.3 (victim) was about 17 years and 4 months of age

and thereafter, on 3^rd May 2019 when the respondent No.3 turned

major, she and the petitioner got married. Having noticed the

aforesaid fact, while issuing notice, the Division Bench of this

Court directed that further proceedings before the trial Court shall

be deferred. The interim order has continued to operate during

the pendency of this petition.

5. Today, when the petition is called out for hearing, the

respondent Nos.2 and 3 have appeared through counsel and

affidavits of both respondent Nos.2 and 3 are tendered, wherein it

is stated that in the light of the petitioner and respondent No.3

having married and they having a daughter with whom they are

living together, this Court may consider quashing the criminal

proceedings with the consent of respondent Nos.2 and 3. The

affidavits are taken on record.

6. A perusal of the contents of the affidavits show that the

petitioner and respondent No.3 got married on 3^rd May 2019 and

that they also have a daughter through the wedlock. The

respondent No.2 is on visiting terms with the petitioner and

respondent No.3 and she (being the first informant) has also given

her consent for quashing of the criminal proceedings on the basis

of consent given by respondent No.3.

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7. The learned counsel for the petitioner relies upon order

passed by the Supreme Court in the case of Mahesh Mukund Patel

v/s. State of U.P. & Ors., 2025 SCC OnLine SC 614, wherein the

Supreme Court in similar circumstances was pleased to quash the

criminal proceedings, concerning offences under the POCSO Act

also.

8. In order to satisfy our conscience that the respondent Nos. 2

and 3 have voluntarily given their affidavits, we have ensured their

presence in Court. We also find from the Aadhar Card of

respondent No.3 that she has indeed married the petitioner. The

petitioner is present with the minor child in Court.

9. Having satisfied ourselves about the voluntary nature of

affidavits sworn by respondent Nos.2 and 3, in the interest of

justice, we are inclined to allow the present petition by consent.

10. We find that in similar circumstances, in the aforesaid case of

Mahesh Mukund Patel v/s. State of U.P. & Ors. (supra), the

Supreme Court was pleased to quash the criminal proceedings,

which concerned serious offences under the POSCO Act also.

11. We are satisfied that in the peculiar facts and circumstances

of the pres