P.H. JAYANI 67 WP2135.2025.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2135 OF 2025 1. Rajshree Sunil Athare 2. Sunil Suryabhan Athare 3. Gayatri Soumya Mohapatra 4. Siddharth Sunil Athare …. Petitioners V/s. The State of Maharashtra and anr. …Respondents Mr. Chinmay K. Gunjal i/b. Adv. Aashka Shell and Adv. R. Sawant for the Petitioners. Mr. H.J. Dedhia, APP for the Respondent No.1 – State. Mr. Vijaykumar Dhakane (through VC) a/w. Mr. Chinmay Bhole for Respondent No.2. CORAM: SHYAM C. CHANDAK, J. DATED : 24th SEPTEMBER, 2026 P.C. :- 1. Present petition seeks to quash and set-aside the proceedings bearing R.C.C. No.4708/2025 pending before the learned Judicial Magistrate First Class, Pune arising out of an FIR bearing Cr.No.23/2025 registered with Kothrud Police Station, Pune for the offence punishable under Sections 498A, 417, 323, 504 read with 34 of the Indian Penal Code, 1860 (“IPC”) on the report dated 03.02.2025 filed by Respondent No.2 (“the victim”) against the petitioners. 2. Heard learned Counsel for the parties. Perused the record. 3. Petitioner No.4 is the husband and other petitioners are in- laws of the victim. The marriage between petitioner No.4 and the P.H. JAYANI 67 WP2135.2025.DOC victim was solemnized on 29.12.2015. After the marriage, she went to cohabit in the family of the petitioners. It is alleged that, petitioner No.4 failed to establish physical relations with the victim. As alleged, on 31.12.2015, in a party, petitioner No.4 assaulted the victim due to his misunderstanding she has caused his friends to infer that there was problem in their married life due to him. It is alleged that the mother-in-law and the sister-in-law used to insult her by taunting and abusing. It is alleged that, the petitioners demanded Rs.20–25 lakh from her parental family to start a cafe/bar business. The victim further alleges that, prior to marriage, the other petitioners were aware of Petitioner No.4’s physical incapacity to provide her with nuptial bliss, but, they concealed the same and thereby deceived her. In 2019, upon disclosing the matter to her mother-in-law and parents, the victim was allegedly asked to leave the matrimonial home. Hence, she left on 18.12.2019 and, finally, lodged the said FIR. Therefore, the aforesaid crime came to be registered and it led to filing of charge-sheet. 4. The learned Advocates for the parties state that, now, the petitioners and the victim have amicably settled their dispute. As per the settlement, petitioner No.4 and the victim have decided to dissolve their marriage by decree of divorce by mutual consent. A petition is already filed before the Family Court, Pune. The victim has consented and has given her no objection to quash the impugned FIR and the consequent proceedings. Mr. Dhakane, learned Advocate tendered an Affidavit sworn by the victim to that effect. It is taken on record and marked ‘X’. 5. The victim is present through VC. She is identified by Mr. Dhakane. She has reiterated the contents of the Affidavit. The P.H. JAYANI 67 WP2135.2025.DOC victim has stated that the settlement is arrived at voluntarily with the intervention of the family members of both sides. Therefore, she does not want to prosecute the petitioners in the said case. She is firm on her stand and therefore, she has given her no objection for quashing of the impugned FIR and the consequent criminal proceedings. 6. In the wake of above, no purpose would be served by continuing the criminal proceedings arising out of the subject matter FIR. As a result, I am inclined to allow the petition. 7. As I have expressed my opinion for quashing of the present crime, learned Advocates for the petitioners and the victim on instructions, submitted that, the petitioners will voluntarily pay a cost of Rs.60,000/- and the victim will voluntarily pay a cost of Rs.30,000/- within a period of two weeks from the date of uploading of the Order. The said statements are accepted as an undertaking given to this Court. 8. Thus, the petition is allowed and following Order is passed :- (i) Criminal Writ Petition No.2135 of 2025 is allowed. (ii) R.C.C. No.4708/2025 pending before the learned Judicial Magistrate First Class, Pune arising out of an FIR bearing Cr.No.23/2025 registered with Kothrud Police Station, Pune for the offence punishable under Sections 498A, 417, 323, 504 read with 34 of the IPC, are quashed and set-aside. 9. The petitioners are directed to pay a cost of Rs.60,000/- and the victim is directed to pay a cost of Rs.30,000/- to the Armed Forces Battle Casualties Welfare Fund’ (AFBCWF) within a period P.H. JAYANI 67 WP2135.2025.DOC of two weeks from the date of uploading of the present Order on the official website of the High Court of Bombay and the payment receipt(s) shall be submitted in the Registry of this Court. Details of the bank account for payment of cost are as under :- Account Name :- Armed Forces Battle Casualties Welfare Fund (AFBCWF) Bank Name :- Canara Bank Ltd. DoD, South Block Branch Name :- South Block, Defence Headquarters, New Delhi – 110011. Account Number :- 90552010165915 IFSC Code :- CNRB0019055 Type of Account :- Saving 9.1 List this petition on 23rd October 2026, ‘for recording compliance’. (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Digitally signed by PREETI HEERO JAYANI Date: 2026.10.05 17:25:52 +0530