P.H. JAYANI 15 WP3006.2026.DOC IN THE IGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3006 OF 2026 1. Mr. Dinesh Baban Dalvi 2. Mr. Baban Hiraman Dalvi 3. Mrs. Hansabai Baban Dalvi 4. Ms. Amrapali Baban Dalvi …. Petitioners V/s. The State of Maharashtra and anr. …Respondents Mr. Vishal Dushing a/w. Mr. Vaibhav Salvi, Mr. Ashwet Bhoir and Mr. Sulesh Karnik for the Petitioners. Ms. Anagha Deshmukh, APP for Respondent No.1 – State. Mr. Onkar Chaudhari for Respondent No.2. CORAM: SHYAM C. CHANDAK, J. DATED : 5th OCTOBER, 2026 P.C. :- 1. At the outset, Mr. Dushing, the learned Counsel for the Petitioners seeks leave to amend to add remaining accused persons as Petitioners and to modify the prayer clause. Leave to amend is granted. Amendment be carried out forthwith. Mr. Chaudhari, the learned Counsel appears for Respondent No.2. Registry to accept his vakalatnama. 2. Heard learned Counsel for the parties. Perused the record. 3. Present petition seeks to quash and set-aside the proceedings bearing R.C.C. No.1308/2018 pending before the learned JMFC, Ulhasnagar, arising out of an FIR bearing Cr.No.I- 363/2017 registered with Vitthalwadi Police Station, Thane for the offence punishable under Sections 498A, 323, 504, 506, 427 of the p. 1 P.H. JAYANI 15 WP3006.2026.DOC Indian Penal Code, 1860 (“IPC”) on the report dated 15.11.2017 filed by Respondent No.2 (“the victim”) against the petitioners. 4. Petitioner No.1 is the husband and other petitioners are in- laws of the victim. Petitioner No.1 and the victim got married with each other on 14.05.2009. After the marriage, she went to cohabit in the family of the petitioners. It is alleged that from 2012 till 07.11.2017, the petitioners subjected the victim to cruelty by repeatedly demanding money to be brought from her parents for purchasing a vehicle and new house. It is alleged that to fulfil the demand of money, petitioner No.1 used to assault her. Therefore, the aforesaid crime came to be registered and, on completion of investigation, police submitted the charge-sheet. 5. 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.1 and the victim have decided to dissolve their marriage by decree of divorce by mutual consent which is pending. The petitioner-husband has agreed to pay a sum of Rs.25,00,000/- to the victim towards full and final settlement. The victim has consented and given her no objection to quash the impugned FIR and the consequent proceedings. The Affidavit sworn by the victim to that effect is enclosed with the petition. She has also filed an additional Affidavit (marked “X”) giving the no- objection and acknowledging the receipt of the settlement amount. 6. The victim is present before the Court. She is identified by Mr. Choudhari. She has reiterated the contents of the Affidavits. The victim has stated that the dispute between her and the petitioners is amicably settled. Therefore, she does not want to p. 2 P.H. JAYANI 15 WP3006.2026.DOC prosecute the petitioners in the said case. She is firm on her stand and therefore, she has consented and given her no objection to quash the impugned FIR and the consequent proceedings. 7. 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. 8. 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.40,000/- and the victim will voluntarily pay a cost of Rs.40,000/- 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. 9. Thus, the petition is allowed and following Order is passed :- (i) Criminal Writ Petition No.3006 of 2026 is allowed. (ii) R.C.C. No.1308/2018 pending before the learned JMFC, Ulhasnagar, arising out of an FIR bearing Cr.No.I- 363/2017 registered with Vitthalwadi Police Station, Thane for the offence punishable under Sections 498A, 323, 504, 506, 427 of the IPC, are quashed and set-aside. 10. The petitioners are directed to pay a cost of Rs.40,000/- and the victim is directed to pay a cost of Rs.40,000/- to the Armed Forces Battle Casualties Welfare Fund’ (AFBCWF) 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 :- p. 3 P.H. JAYANI 15 WP3006.2026.DOC 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 10.1 List this petition on 20th November, 2026, ‘for recording compliance’. (SHYAM C. CHANDAK, J.) p. 4 PREETI HEERO JAYANI Digitally signed by PREETI HEERO JAYANI Date: 2026.10.17 16:19:11 +0530