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2022 DAILYLAW 3053 (BOM)

DR. DINESH RAMESH CHAVAN AND ANR v. STATE OF MAHARASHTRA AND ANR

WP/177/2022 · 2026-08-28

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Judgment text

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503-WP-177-2022.odt Harish IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 177 OF 2022 Dr. Dinesh Ramesh Chavan And Anr. ...Petitioners V/S. State Of Maharashtra And Anr. ...Respondents _____________________________________________________________ Adv. Abhishek Patil, for the Petitioner. Adv. Bapu Holambe, APP for the Respondent – State. Adv. Samir M. Suryawanshi, for the Respondent No.2. ________________________________________________________ CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 28TH AUGUST, 2026. P.C. :- 1. Heard learned counsel for the petitioners as well as respondent no.2. 2. By this petition under Articles 226 of the Constitution of India read with Section 482 of Cr.P.C, the petitioners have sought for quashing of the criminal proceedings, which were started on the basis of FIR No. 238 of 2020 dated 07.10.2020, registered with Ghodegaon Police Station, Pune (Rural), for the offence punishable under Sections 323, 406, 498(A), 504, 506, 507 read with Section 34 of the Indian Penal Code, 1860. 1/3 503-WP-177-2022.odt 3. Learned counsel for the petitioners as well as respondent no.2 submit that the criminal proceedings were initiated on the background of a matrimonial dispute and on the basis of the report lodged by the wife against the petitioner no.1 who is husband and petitioner nos. 2 & 3 who are the mother-in-law and father-in-law respectively. It is submitted that the parties have compromised the entire dispute and the consent terms are also executed in between them before the Family Court, Pune in Marriage Petition No. 559 of 2020. 4. Today, the consent affidavit sworn by the respondent wife is tendered across the bar. It is taken on record and marked as ‘X’ for identification purpose. Respondent no.2 has stated in this affidavit that the parties have compromised the dispute and the respondent no.2 / original complainant gives consent for quashing RCC No. 130 of 2021. Learned counsel for the parties state that the petitioner no. 2 and petitioner no.3 are personally present in the Court so also respondent no.2 is personally present. 5. In view of the consent affidavit for quashing the criminal proceedings, the writ petition is allowed and the criminal proceedings bearing RCC No. 130 of 2021 pending before the Judicial Magistrate First Class, Ghodegaon against the petitioners nos. 1 to 3 are hereby quashed. 6. Learned APP appearing for respondent no.1 has pointed out that after registration of offence, investigation is completed and charge-sheet is 2/3 503-WP-177-2022.odt also filed and at this stage, in view of the quashing, a request is made for imposition of certain compensatory costs. Accordingly, the petitioner nos. 1 to 3 are directed to pay costs of Rs. 10,000/- (Rupees Ten Thousand Only) each, total Rs. 30,000/- (Rupees Thrity Thousand) to be deposited in the account of Mumbai Police Welfare Fund, bearing Account No. 465010100008693, IFSC No. UTIB0000465. The petitioners are directed to produce the receipt showing compliance within two weeks. 7. In view of the above, the writ petition is disposed of. 8. List the matter only for recording compliance on 18th September, 2026. (PRAFULLA S. KHUBALKAR, J.) 3/3