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2025 DAILYLAW 18261 (BOM)

YASH TUSHAR SHAH AND OTHERS v. THE STATE OF MAHARASHTRA AND ANOTHER

WP/642/2025 · 2025-10-07

Shri N B Suryawanshi, Smt Vaishali Patil Jadhav

body2025

Judgment text

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948 cr wp 642 2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 948 CRIMINAL WRIT PETITION NO. 642 OF 2025 Yash Tushar Shah And Others … Petitioners Versus The State Of Maharashtra And Another … Respondents … • Ms. Khushi K. Varma, Advocate for the Petitioners • Mr. A. S. Shinde, APP for Respondent/s – State • Ms. Pooja A. Patil, Advocate for Respondent No. 2 … CORAM : NITIN B. SURYAWANSHI AND VAISHALI PATIL–JADHAV, JJ. DATE : OCTOBER 07, 2025 P E R C O U R T : 1. By this petition filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023, the petitioners seek quashing of the First Information Report (for short ‘FIR’) dated 19.03.2025 bearing Crime No. 0068 of 2025 registered with Police Station Jilha Peth, Dist. Jalgaon, for offences punishable under Sections 85, 115(2), 352, 351(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, on the basis of compromise arrived at between the parties. 2. Respondent no. 2 lodged FIR in question against the petitioners on 19.03.2025 alleging mental and physical harassment by the petitioners. komal kamble 1/2 2025:BHC-AUG:29807-DB 948 cr wp 642 2025 3. During the pendency of the present petition, parties have amicably settled their matrimonial dispute. Petitioner No. 1 - husband and Respondent No. 2 – wife, both have filed affidavits confirming the amicable settlement of their matrimonial dispute. They have stated that they have taken divorce by mutual consent, which was granted to them by Family Court, Jalgaon, in HMP No. F- 118/2025 on 29.07.2025. As per the settlement, petitioner no. 1 has paid a total amount of Rs. 17,00,000/- (Rupees Seventeen Lakhs only) by cheque to respondent no. 2 towards permanent alimony. Both the parties have agreed that they will withdraw all the proceedings filed against each other in terms of compromise. 4. Petitioner No. 1 and Respondent No. 2 are present in the Court. They are identified by their respective advocates. Respondent No. 2 confirmed the settlement and that she has received the aforesaid amount towards permanent alimony. 5. In view of the amicable settlement of the dispute, no fruitful purpose is served by continuing the prosecution against the petitioners. 6. Criminal Writ Petition is, therefore, allowed. 7. The FIR at Crime No. 0068 of 2025 dated 19.03.2025 registered with Police Station Jilha Peth, Dist. Jalgaon and subsequent proceedings, if any, are quashed and set aside. [VAISHALI PATIL–JADHAV, J.] [NITIN B. SURYAWANSHI, J.] komal kamble 2/2