PALLAVI DINESH KASHID v. THE STATE OF MAHARASHTRA AND ANOTHER
WP/892/2025 · 2025-10-13
Shri N B Suryawanshi, Smt Vaishali Patil Jadhav
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21873 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21873 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
57 CRIMINAL WRIT PETITION NO. 892 OF 2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 57 CRIMINAL WRIT PETITION NO. 892 OF 2025 Pallavi Dinesh Kashid … Petitioner Versus The State Of Maharashtra And Another … Respondents … Mr. J. M. Murkute, Advocate for the Petitioner Mr. V. K. Kotecha, APP for Respondent/s – State … CORAM :
NITIN B. SURYAWANSHI AND VAISHALI PATIL – JADHAV, JJ. DATE :
13th OCTOBER, 2025 P E R C O U R T :
1. This petition seeks quashing of the First Information Report (for short “FIR”) at Crime No. 1129 of 2024 dated 17.12.2024 registered with MIDC, Waluj, Police Station Chhatrapati Sambhjinagar for offence punishable under Sections 3(5) 118(2), 351(2) of Bharatiya Nyaya Sanhita, 2023, registered at the instance of second respondent. 2. The petitioner and second respondent were husband and wife and due to matrimonial disputes, they obtained divorce decree. Better sense prevailed upon them and taking into consideration welfare and future of their two daughters, they have decided to live together and they have applied for the registration of marriage. 3. Pursuant to this amicable settlement of the dispute, they have filed terms of settlement/compromise duly verified by them. Both komal kamble
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57 CRIMINAL WRIT PETITION NO. 892 OF 2025 are present before the Court. They are identified by their respective advocates and they have confirmed the averments made in the settlement agreement. 4. Learned APP objects to the quashing of FIR contending that there is an injury certificate on record. 5. We find no force in the such objection, inasmuch as even if we refuse to quash the FIR and prosecution continues, the same is not likely to end in acquittal, as the second respondent will not support prosecution. It will be a futile exercise and a waste of judicial time and energy. 6. In this view of the matter, continuation of prosecution is an abuse of process of law and Court. 7. Since the FIR is registered out of the matrimonial dispute and it is averred that the complaint was lodged due to misunderstanding, in view of amicable settlement of dispute between the parties, the petition is allowed. 8. The FIR at Crime No. 1129 of 2024 dated 17.12.2024 registered with MIDC, Waluj, Police Station Chhatrapati Sambhjinagar and subsequent proceedings, if any, are quashed and set aside.
[VAISHALI PATIL – JADHAV, J.] [NITIN B. SURYAWANSHI, J.] komal kamble
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