Nirmal Harsh Waddan v. The State of Maharashtra & Anr.
Case at a glance
- Bench
- SANDESH D PATIL, REVATI MOHITE DERE
Outcome
Allowed
Petitions are allowed and accordingly disposed of
Provisions considered
Key paragraphs
- Para 66. In view of the aforesaid, the FIR bearing C.R.No.1288 of 2024 registered with the Hadapsar Police Station, Pune, for the alleged offences punishable under Sections 4, 12 and 15 of the Right of Children to Free and Compulsory Education Act, 2009 stand quashed and…
Judgment
Mr. Sanjog Parab, Senior Counsel a/w Mr. Rahul Garg, Mr.Mohan Rao i/b MGK Legal for the Petitioner in WP/5268/2024. Ms. Ujwala Pawar a/w Mr. Prasad Kulkarni & Mr. Rahul Garg for the Petitioner in WP/5491/2024. Mrs. P.P.Shinde, Addl.P.P for the Respondent-State. DATE : 19 CORAM : REVATI MOHITE DERE & SANDESH D. PATIL, JJ. th SEPTEMBER, 2025 P.C. :
Heard learned Counsel for the parties. By these petitions, the petitioners therein, seek quashing Wakodikar and setting aside of the FIR bearing C.R.No.1288 of 2024 registered with the Hadapsar Police Station, Pune, on 12th August, 2024, for the alleged offences punishable under Sections 4, 12 and 15 of the Right of Children to Free and Compulsory Education Act, 2009.
The premise on which, quashing is sought is that none of the sections as alleged under the Right of Children to Free and Compulsory Education Act, 2009, are cognizable and as such, no FIR could have been registered.
Mrs. Shinde, learned Addl.P.P does not dispute that apart from the aforesaid sections, no other provisions/Acts have been invoked in the FIR. She further fairly states that none of the aforesaid sections i.e. Sections 4, 12 and 15 of the Right of Children to Free and Compulsory Education Act, 2009 invoked in the FIR, are cognizable.
We have perused the provisions and we are satisfied that none of the sections invoked in the FIR are cognizable warranting Wakodikar registering of an FIR.
Operative part
In view of the aforesaid, the FIR bearing C.R.No.1288 of 2024 registered with the Hadapsar Police Station, Pune, for the alleged offences punishable under Sections 4, 12 and 15 of the Right of Children to Free and Compulsory Education Act, 2009 stand quashed and set aside. Petitions are allowed and accordingly disposed of. All concerned to act on the authenticated copy of this
order. SANDESH D. PATIL, J. REVATI MOHITE DERE, J. Wakodikar
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Petitions are allowed and accordingly disposed of
Which statutory provisions did this judgment involve?
Right of Children to Free and Compulsory Education Act, 2009 — ss. 4, 12, 15.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.