H.C.SHIV 3.WP627.26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.627 OF 2026 1. Shreyas Shrikant Desai 2. Rachana Shrikant Desai …Petitioners V/s. 1. The State of Maharashtra 2. Ashwini Shreyas Desai …Respondents Mr. Vaibhav Parab for the Petitioners. Ms. Anagha Deshmukh, APP for Respondent No.1-State. Mr. Parth Sanghrajka with Swati Singh, Amisha Thakkar and Deepak Sharma for Respondent No.2. Mr. Mahesh Sawant, PSI, Nehru Nagar police station present. CORAM: SHYAM C. CHANDAK, J. DATED : 30th SEPTEMBER, 2026 P.C. :- 1. Heard learned Counsel for the parties. Perused the record. 2. Present petition seeks quashing and setting aside Criminal Case No.5959/PS/2025 pending before the learned Additional Chief Judicial Magistrate, 34th Court at Vikhroli, Mumbai arising out of the FIR bearing Cr. No.22 of 2024, registered with Nehru Nagar police station, Mumbai for the offence punishable under Sections 31 and 32 of the Protection of Women from Domestic Violence Act, 2005 (“PWDV Act”) on the report dated 16th January 2024, filed against the petitioners by Respondent No.2 (“ the victim”) and the Order dated 6th January 2024, passed by learned Additional Chief Judicial Magistrate, 34th Court Vikhroli, Mumbai for registration of FIR against the petitioners. Page 1 of 4 HEMANT CHANDERSEN SHIV Digitally signed by HEMANT CHANDERSEN SHIV Date: 2026.10.07 11:19:06 +0300 H.C.SHIV 3.WP627.26.DOC 3. The prosecution case is that, petitioner No.1 is the husband and petitioner No.2 is the mother-in-law of the victim. Both the petitioners did not comply with the Order dated 5th April 2023, passed below Exh.6 in C.C. No.118/DV/2020 passed by the learned Metropolitan Magistrate, 34th Court, Vikhroli, Mumbai. Thereby certain reliefs were granted to the victim against the petitioners invoking the provisions of Sections 18, 19 and 20 of the Protection of Women from Domestic Violence Act, 2005, including to pay monthly interim maintenance of Rs.30,000/- to the victim and equal amount to her son from the date of the application. Additionally, it was directed to regularly pay the EMI of the housing loan of Rs.36,00,000/-. The petitioners failed to sufficiently comply with the Order dated 5th April 2023. Consequently, the victim filed the said Case No.1945/Misc./2023, therein, by Order dated 6th January 2024, the learned Metropolitan Magistrate directed for registration of the FIR on account of non compliance of the Order dated 5th April 2023. The investigation culminated into filing of the charge-sheet. 4. The learned Advocates for the parties submitted that, now, the matter has been amicably settled between the parties. Petitioner No.1 and the victim have decided to dissolve their marriage by decree of divorce by mutual consent. The marriage petition filed by petitioner No.1 earlier will be converted into a petition for divorce by mutual consent. As per settlement terms, the victim has given her consent and no objection to quash and set aside the impugned FIR and consequent criminal case. An Affidavit sworn by the victim to that effect is tendered by Mr. Sanghrajka, learned Counsel. It is taken on record and marked “X” for identification. Page 2 of 4 H.C.SHIV 3.WP627.26.DOC 5. The victim is present before the Court. She is identified by Mr. Sanghrajka, learned Counsel. She has reiterated the contents of the affidavit. The victim states that since the settlement is arrived at between the parties, she does not want to prosecute the petitioners in the said case and, she is firm on her stand. Therefore, no purpose would be served by continuing the impugned prosecution. As a result, I am inclined to allow the petition. 6. As I 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 costs of Rs.10,000/- and the victim will voluntarily pay a costs of Rs.10,000/-. Said statements are accepted as an undertaking given to this Court. Hence, following order:- (a) Writ Petition No.627 of 2026 is allowed. (b) Criminal Case No. 5959/PS/2025 pending before the learned Additional Chief Judicial Magistrate, 34th Court at Vikhroli, Mumbai arising out of the FIR bearing Cr. No.22 of 2024, registered with Nehru Nagar police station, Mumbai for the offence punishable under Sections 31 and 32 of the PWDV Act and the Order dated 6th January 2024, passed by learned Additional Chief Judicial Magistrate, 34th Court Vikhroli, Mumbai for registration of FIR against the petitioners, are quashed and set aside. 7. The petitioners and the victim are directed to pay a cost of Rs.10,000/- to the ‘Mumbai Police Welfare Fund’ within a period 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 :- H.C.SHIV 3.WP627.26.DOC Account Name :- Mumbai Police Welfare Fund Bank Name :- Axis Bank Branch Name :- Lamington Road Account Number :- 465010100008693 IFSC Code :- UTIB0000465 Account :- Savings 7.1 List this petition on 30th October, 2026 ‘for recording compliance’. (SHYAM C. CHANDAK, J.)