SA_MANDAWGAD 905 APL 1402-26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1402 OF 2026 1.Vandit Mahesh Desai 2.Hema Mahesh Desai 3.Purva Mahesh Desai … Applicants V/S. State of Maharashtra and Anr. … Respondents Ms. Samiksha Malekar i/by Abhiraj Parab, for the Applicants. Mr. V.A. Kulkarni, APP for Respondent No.1–State. Mr. Graham Francis, for Respondent No.2. Mr.Naresh Ghag, PSI, Samata Nagar PS, present. CORAM: SHYAM C. CHANDAK, J. DATED : 29th SEPTEMBER, 2026 P.C. :- . Heard learned Counsel for the parties. Perused the record. 2. The instant application seeks quashing and setting aside of charge-sheet No.25/PW/2024 arising out of an FIR bearing No.1428 of 2022, registered with Samata Nagar Police Station for the offence punishable under Sections 498A, 406, 323, 504, 506 r/w 34 of the Indian Penal Code, 1860,(“IPC”) pending on the file of the learned Judicial Magistrate, First Class, 17th Court at Borivali, Mumbai, on the report dated 13.11.2022 lodged by Respondent No.2 (“the Victim”). 3. The applicants are the husband, mother-in-law and sister- in-law of the victim. Applicant No.1 and the victim got married to each other on 28th December 2018. After the marriage, the victim went to cohabit with the family of the applicants. 4. It is alleged that between 28th December 2018 to 13th November 2022, the applicants caused cruelty to the victim on SA_MANDAWGAD 905 APL 1402-26.DOC account of not giving proper respect to their guests and giving non-satisfactory gifts in the marriage. The applicants used to insist her to give her entire monthly salary to them. They used to taunt, abuse and threaten her. Applicant No.1 had assaulted and abused her for not giving him money. They compelled her to bring domestic articles worth nine lakhs. They misappropriated her stridhan articles. The sisters-in-law of the victim insulted the victim by abusing her in filthy language. Therefore, the aforesaid crime came to be registered and charge-sheet came to be filed. 5. Learned counsel for the parties state that, now, the matter has been amicably settled between the parties. Applicant No.1 and the victim have decided to get their marriage dissolved by a decree of divorce by mutual consent. The petition seeking that relief has been filed before the Family Court. Mr. Francis, learned Counsel has tendered an Affidavit sworn by the victim. Thereby, she has given her consent to quash and set aside the aforesaid FIR and consequent criminal case. The Affidavit is taken on record marked “X” for the purpose of identification. 6. The victim is present before the Court. She is identified by Mr. Francis. She has reiterated the contents of the said Affidavit. She states that the settlement has been arrived at voluntarily and amicably. She and applicant No.1 have decided to part their ways, as their the marriage has been completely broken and, there is no possibility of an amicable settlement. The victim states that, therefore, she does not want to prosecute the applicants in the said case and, she would maintain the same stand before the trial Court. In view thereof, no purpose will be served by continuing the criminal proceedings arising out of the said FIR. SA_MANDAWGAD 905 APL 1402-26.DOC 7. In the wake of above, I am inclined to allow the application in interest of justice and interest of the parties. 8. As I have expressed my opinion for quashing of the present crime, learned Advocates for the parties, on instructions, stated that applicant No.1 will pay a costs of Rs.50,000/- and the victim in person states that she will pay a costs of Rs.50,000/-. The said statements are accepted as an undertaking given to this Court. 9. As a result, the application is allowed. Hence, Order:- (a) Charge-sheet No.25/PW/2024 arising out of an FIR bearing No.1428 of 2022, registered with Samata Nagar Police Station for the offence punishable under Sections 498A, 406, 323, 504, 506 r/w 34 of the IPC pending on the file of the learned Judicial Magistrate, First Class, 17th Court at Borivali, Mumbai and, all consequential proceedings arising out of the aforesaid FIR, are quashed and set aside. 10. The applicant No.1 and Respondent No.2/victim are directed to pay a cost of Rs.50,000/- each 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. The payment receipt(s) shall be submitted in the Registry of this Court. The costs is to be paid in following bank account :- Saving Account Name :- Mumbai Police Welfare Fund Bank Name :- Axix Bank Branch Name :- Lamington Road (Mumbai) Saving Account Number :- 465010100008693 IFSC Code :- UTIB0000465 10.1. List this application on Board on 27th October, 2026, ‘for recording compliance’. (SHYAM C. CHANDAK, J.) SANJAY ASARAM MANDAWGAD Digitally signed by SANJAY ASARAM MANDAWGAD Date: 2026.10.06 18:59:11 +0530