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2021 DAILYLAW 2377 (BOM)

VIJAYLAXMI AMIT BALI v. THE STATE OF MAHARASHTRA AND ANR

WP/6364/2021 · 2026-09-11

body2021

Judgment text

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93.WP.6364.2021+.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.6364 OF 2021 WITH INTERIM APPLICATION NO.2750 OF 2026 Vijaylaxmi Amit Bali .. Petitioner Versus The State of Maharashtra and Anr. .. Respondents WITH WRIT PETITION NO.6596 OF 2025 Vijaylaxmi Amit Bali .. Petitioner Versus The State of Maharashtra and Anr. .. Respondents ....................  Mr. Prithviraj Sanjay Gole a/w. Mr. Abhishek Shende, Ms. Juhi Raut and Mr. Jay Raut, Advocates for Petitioner in both Petitions.  Ms. Rajeshree V. Newton, APP for Respondent No.1 – State.  Ms. Abhilasha Pawar, Advocate i/by Mr. Amit Icham for Respondent No.2. ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 11, 2026 P.C. : 1. Heard Mr. Gole, learned Advocate for Petitioner in both Petitions; Ms. Newton, learned APP for Respondent No.1 – State and Ms. Pawar, learned Advocate for Respondent No.2. 2. For the reasons mentioned in the Interim Application, impleadment is permitted by the Court. Amendment is permitted to be carried out within a period of one week from today. Reverification stands dispensed with. Writ Petitions are taken up for hearing forthwith. 1 of 3 93.WP.6364.2021+.doc 3. Writ Petition No.6364 of 2021 is filed under Article 226 of the Constitution of India in the matter under Section 482 of the Code of Criminal Procedure, 1973 in C.R. No.353 of 2019 registered with Chaturshrungi Police Station, Pune for offences punishable under Sections 420, 468, 471, 201 and 409 read with Section 34 of the Indian Penal Code, 1860. 4. Writ Petition No.6596 of 2025 is filed under Article 226 of the Constitution of India in the matter under Section 482 of the Code of Criminal Procedure, 1973 in C.R. No.470 of 2021 registered with Pant Nagar Police Station, Mumbai for offences punishable under Sections 419, 420, 465 and 471 read with Section 34 of the Indian Penal Code, 1860. 5. Both the Complaints are filed by Respondent qua his wife who is Petitioner before me. Parties have reconciled their disputes and have sought quashing by consent. They have settled their dispute between them in parallel proceedings under Protection of Women from Domestic Violence Act, 2005 as informed by the learned Advocates. Complainant is present in Court. Her Consent Affidavit dated 14.01.2026 is placed on page No.296 in Writ Petition No.6364 of 2026 and Consent Affidavit dated 14.01.2026 is placed at page No.147 in Writ Petition No.6596 of 2025. Affidavits of Complainant – husband are also placed before the Court. He and his wife both being present before the Court persuade Court to quash the Complaint and FIR and 2 of 3 93.WP.6364.2021+.doc criminal proceedings since the entire lis between them has been amicably resolved in parallel DV proceedings. 6. In view of the above, Writ Petition No.6364 of 2026 is allowed in terms of prayer clause (a) which reads thus:- “a. By an appropriate Writ/direction/order of this Hon’ble Court, the CR No. 353 of 2019 registered with Chaturshrungi Police Station, Pune at Pune and chargesheet bearing its no. 64 / 2020 which has culminated into RCC/1947/2020 qua the present petitioner for allegedly having committed the offenses punishable under Sec.420, 468, 471, 201 and 409 r/w. 34 of the Indian Penal Code, 1860 (which is annexed to the present petition at Exh. “A”) be quashed and set aside.” 7. Writ Petition No.6596 of 2025 is also allowed in terms of prayer clause (a) which reads thus:- “a. By an appropriate Writ/direction/order of this Hon’ble Court, the FIR No.470 of 2021 registered with Pant Nagar Police Station, Mumbai qua the present petitioner for allegedly having committed the offenses punishable under Sec.419, 420, 465 and 471 r/w. 34 of the Indian Penal Code, 1860 along with chargesheet filed therein (which is annexed to the present petition at Exh. “A” Colly) be quashed and set aside and consequential Police Witness P.W Case no.721 of 2022, arising from the said FIR, which is pending on the file of Learned Additional Chief Judicial Magistrate, Court no.50 at Vikhroli Mumbai be disposed of in light of quashing of impugned FIR and Chargesheet.” 8. No order as to costs at the request made by the learned Advocate for the Petitioner since the Petitioner is the wife (woman) and the dispute arises out of matrimonial proceedings / issues. 9. Writ Petition No.6364 of 2026 and Writ Petition No.6596 of 2025 are allowed and disposed in the aforesaid terms. Pending Interim Application is also disposed. H. H. SAWANT [ MILIND N. JADHAV, J. ] 3 of 3 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.09.12 18:09:50 +0530