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2026 DAILYLAW 20737 (BOM)

PRAMOD S/O LAXMAN GAIKWAD AND ORS v. STATE OF MAHARASHTRA AND ANR

APL/24/2025 · 2026-10-05

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Judgment text

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P.H. JAYANI 09 APL24.2025.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 24 OF 2025 1. Pramod s/o. Laxman Gaikwad 2. Nirmalabai w/o. Laxman Gaikwad 3. Sukeshani d/o. Laxman Gaikwad 4. Prashant s/o. Laxman Gaikwad 5. Sudhir s/o. Laxman Gaikwad …. Applicants V/s. The State of Maharashtra and anr. …Respondents Mr. Akshay S. Jagtap a/w. Mr. G.G. Bhansali for the Applicants. Ms. Anagha Deshmukh, APP for Respondent No.1 – State. Adv. Pintu Singh a/w. Ms. Priya Kaur for Respondent No.2. Mr. Deepak Sonune, PSI, Wakad Police Station, present. CORAM: SHYAM C. CHANDAK, J. DATED : 5th OCTOBER, 2026 P.C. :- 1. Present application seeks to quash and set-aside the proceedings bearing RCC No.3180/2024 pending before the learned JMFC, Shivajinagar, Pune, arising out of an FIR bearing Cr.No.1001/2022 registered with Wakad Police Station, Pimpri- Chinchwad for the offence punishable under Sections 498A, 313, 354, 323, 504, 506 and 34 of the Indian Penal Code, 1860 (“IPC”) on the report dated 26.11.2022 filed by Respondent No.2 (“the victim”) against the applicants and an Order dated 18.07.2024 taking cognizance of said offence. 2. Heard learned Counsel for the parties. Perused the record. 3. Applicant No.1 and the victim got married with each other on 16.11.2021. The other applicants are in-laws of the victim. After p. 1 P.H. JAYANI 09 APL24.2025.DOC the marriage, the victim went to cohabit in the family of the applicants. It is alleged that, after one week from the marriage, the mother-in-law and the sister-in-law of the victim started insulting her, alleging that, they were not properly treated in the marriage and certain domestic articles including motorcycle was not given as gift. Both the brothers-in-law used to behave with her in an inappropriate manner. It is alleged that, when the victim was pregnant, she was told by the applicants to jump with rope which caused her abortion. On 29.01.2022, the applicants raised a quarrel with her, assaulted and coerced her to bring Rs.10 Lakhs from her parents to construct a new house. Therefore, the victim started residing separately alongwith her husband, but, there also he treated her with cruelty by causing her to starve. Thus, all the applicants subjected the victim with cruelty. Therefore, the aforesaid crime came to be registered. On completion of investigation, police submitted the charge-sheet. 4. The learned Advocates for the parties state that, now, the applicants and the victim have amicably settled their dispute. The victim and applicant no.1 have decided to dissolve their marriage by a decree of divorce in the pending Marriage Petition filed by applicant No.1, converting it as petition for divorce by mutual consent. The victim has given her consent and no objection to quash and set-aside the impugned FIR and the consequent proceedings. She has received Rs.6 Lakhs by way of a demand draft as the part payment of the settlement amount of Rs.12 Lakhs. Applicant No.1 will deposit the balance amount of Rs. 6 Lakhs in this Court which is agreed to be paid to the victim once the decree of divorce is recorded. Mr. Singh, learned Advocate tendered the consent terms enclosing the Affidavit sworn by the victim thereby p. 2 P.H. JAYANI 09 APL24.2025.DOC giving her consent and no objection to quash the FIR and the consequent proceedings. It is taken on record (marked ‘X colly’). 5. The victim is present in Court. She is identified by Mr. Singh. She has reiterated the contents of the Affidavit. She has filed her Affidavit out of her free will and without any coercion, force, etc. She is agreeable to the consent terms. She has stated that since the matter is amicably settled between both the parties, she does not want to prosecute the applicants 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 application. 7. Hence, the application is allowed and following Order is passed :- (i) Criminal Application (APL) No.24 of 2025 is allowed. (ii) RCC No.3180/2024 pending before the learned JMFC, Shivajinagar, Pune, arising out of an FIR bearing Cr.No.1001/2022 registered with Wakad Police Station, Pimpri-Chinchwad for the offence punishable under Sections 498A, 313, 354, 323, 504, 506 and 34 of the Indian Penal Code, 1860 (“IPC”) and an Order dated 18.07.2024 taking cognizance of said offence. (iii) Registry to accept the cheque No. 095594 for a sum of Rs.6,00,000/- deposited by the applicant. The said amount p. 3 P.H. JAYANI 09 APL24.2025.DOC of Rs.6,00,000/- shall be invested in a fixed deposit scheme in any nationalized bank yielding maximum rate of interest. (iv) The said amount of Rs.6 Lakhs along with future interest shall be paid to the victim when she would file an application for the same enclosing the Order of divorce by mutual consent. 8. Application stands disposed of in aforesaid terms. (SHYAM C. CHANDAK, J.) p. 4 PREETI HEERO JAYANI Digitally signed by PREETI HEERO JAYANI Date: 2026.10.17 16:18:58 +0530