Bombay High Court

APPLN/4696/2026 of SAMADHAN SITARAM MALKAR Vs THE STATE OF MAHARASHTRA AND ANOTHER on 4 November 2026

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 906 CRIMINAL APPLICATION NO. 4696 OF 2026 Samadhan Sitaram Malkar ….Applicant VERSUS The State Of Maharashtra And Another …..Respondents Mr. R. G. Dodiya, Advocate for the Applicant Mrs. Bharti B. Gunjal, APP

906criapln4696.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

906 CRIMINAL APPLICATION NO. 4696 OF 2026

Samadhan Sitaram Malkar

….Applicant

VERSUS

The State Of Maharashtra And Another

…..Respondents

Mr. R. G. Dodiya, Advocate for the Applicant Mrs. Bharti B. Gunjal, APP for the Respondent -State Mr. V. S. Bade, Advocate for the Respondent No. 2

CORAM : SUSHIL M. GHODESWAR, J.

DATE : 04th NOVEMBER, 2026

PER COURT :

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1. At the outset the learned Advocate for the Respondent No. 2 tenders the Vakalatnama as well as the affidavit sworn by Respondent No. 2-victim same is taken on record.

2. The crime in question was registered in the year 2022 i.e. Crime No. 105/2022 at Daulatabad Police Station, Chhatrapati Sambhajinagar for the offences punishable under Section 363 of the IPC, Section 64(1) of the Bhartiya Nyay Sanhita and Sections 4 & 6 of the POCSO Act.

3. Respondent No. 2 stated that her father had filed crime No. 36/2022 registered with the Chudawa Police Station, Dist. Parbhani which was culminated into Special (POCSO) Case

2026:BHC-AUG:54588

906criapln4696.26 No.83/2022. In the said case the Applicant stood acquitted vide judgment dated 16-05-2026 by the Sessions Court. The another crime No.105/2022 was registered with Daulatabad Police Station. The charges and offences in both the crimes are same. The Respondent has stated on the affidavit that she is happily living with the husband and out of their relationship they are also blessed with one minor daughter. Since the aforesaid criminal proceedings were pending, the police had arrested the Applicant and thereafter he was released after twenty days.

4. Therefore, the Respondent No. 2 has approached this Court along with the Applicant to quash the FIR bearing Crime No. 105/2022 and has also given no objection.

5. In that view of the matter, the Application is allowed.

6. The FIR No. 105/2022 dated 22-07-2022 registered with Daulatabad Police Station, Chhatrapati Sambhajinagar for the offences punishable under Section 363 of the IPC, Section 64(1) of the Bhartiya Nyay Sanhita and Sections 4 & 6 of the POCSO Act is hereby quashed. [SUSHIL M. GHODESWAR, J. ] VishalK/906criapln4696.26

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