MANOJ 3-WP-2552-2025.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2552 OF 2025 Mr. Prafull Sunil Shirke …Petitioner V/s. The State of Maharashtra & Anr. …Respondents WITH WRIT PETITION NO.2547 OF 2025 1. Mrs. Supriya Sunil Shirke 2. Mr. Swapnil Sunil Shirke 3. Mrs. Pratibha Swapnil Shirke …Petitioners V/s. The State of Maharashtra & Anr. …Respondents Ms. Keral Mehta a/w Mr. Ameyprasad, for the Petitioners. Mr. Vinod Chate, APP for the Respondent No.1-State. Mr. Sagar Tambe i/by Mr. Suresh Barne, for the Respondent No.2. CORAM: SHYAM C. CHANDAK, J. DATED : 10th JULY, 2026 P.C. :- 1. Present Petitions seeking quashing and setting aside of impugned FIR bearing C.R. No.36 of 2025 registered with Kolsewadi Police Station, Thane for the offence punishable under Sections 85, 115(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and the consequent charge-sheet bearing RCC No.250/PW/2025, presently pending on the file of 4th Court of learned Judicial Magistrate First Class, Kalyan. 2. Heard learned Counsel for the parties. 3. The prosecution case is that Petitioner - Prafull Shirke is husband of Respondent No.2. They had got married with each WAKLE MANOJ JANARDHAN Digitally signed by WAKLE MANOJ JANARDHAN Date: 2026.07.14 19:19:14 +0530 MANOJ 3-WP-2552-2025.DOC other on 25th February, 2024. Petitioners - Supriya Sunil Shirke, Swapnil Sunil Shirke and Pratibha Swapnil Shirke are in-laws of Respondent No.2. After the marriage, Respondent No.2 went to cohabit in the family of Petitioners. However, she was subjected to cruelty on account of receiving insufficient gifts in the marriage etc. and to fulfill their unlawful demand of motor vehicle Therefore, Respondent No.2 filed a report dated 15th January 2024, leading to registration of said FIR and the consequent charge-sheet. 4. Learned Counsel for the parties submitted that during pendency of Petition, the matter has been amicably settled between the parties. The Petitioner -Prafull Shirke and Respondent No.2 have decided to dissolve their marriage by a decree of divorce by mutual consent and to withdraw the cases filed against each other. Respondent No.2 has agreed to give her consent and no objection to quash and set aside the aforesaid FIR and the charge-sheet. Respondent No.2 has filed her Affidavits to that effect, enclosing the Consent Terms. The same are taken on record and marked as “X” for identification. 5. Respondent No.2 is present before the Court. She is identified by her learned Advocate Mr. Tambe. She has reiterated the contents of her Affidavit. Thereby she has consented and given her no objection to quash and set aside the FIR and charge-sheet. 6. The aforesaid case arising out of a matrimonial dispute. The parties have decided to part their ways and live their lives as per their choice. The offence is not of such a nature where the FIR cannot be quashed with the consent of Respondent No.2. MANOJ 3-WP-2552-2025.DOC 7. In view thereof, I am inclined to allow the Petition. Hence, following Order:- (a) Petitions are allowed. (b) The impugned FIR bearing C.R. No.36 of 2025 registered with Kolsewadi Police Station, Thane for the offences punishable under Sections 85, 115(2) and 3(5) of the BNS and the consequent charge-sheet bearing RCC No.250/PW/2025, presently pending on the file of 4th Court of learned Judicial Magistrate First Class, Kalyan, are quashed and set aside. (SHYAM C. CHANDAK, J.)