Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 21034 (BOM)

KALPESH RAGHUNATH KAMBLE AND ORS v. THE STATE OF MAHARASHTRA AND ANR

WP/3385/2026 · 2026-10-09

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

MANDAVGAD 15.WP3385.26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3385 OF 2026 1. Kalpesh Raghunath Kamble 2. Smt. Shobha Raghunath Kamble 3. Shri Ragunath Kalu Kamble 4. Nitesh Raghunath Kamble 5. Yogesh Raghunath Kamble 6. Smt. Akshata Yogesh Kamble …Petitioners V/s. 1. The State of Maharashtra 2. Mrs. Sonali Kalpesh Kamble …Respondents Mr. Sandeep V. Wasnik for the Petitioners. Mr. S.K. Gajare, APP for the Respondent-State. Mr. Rajesh Vishnu Adrekar for Respondent No.2. CORAM: SHYAM C. CHANDAK, J. DATED : 9th SEPTEMBER, 2026 P.C. :- 1. Heard learned Counsel for the parties. Perused the record. 2. Present petition seeks quashing and setting aside of an FIR bearing Cr. No.113 of 2017, registered with Dahisar Police Station, Mumbai, for the offence punishable under Sections 498-A, 406, 342, 323 and 504 read with Section 34 of the Indian Penal Code, 1860,(“IPC”) on the report dated 17th March 2017, filed against the petitioners by Respondent No.2 (“the victim”) and the consequent proceedings being C.C. No.2601771/PW/2017 pending on the file of the learned Metropolitan Magistrate, 26th Court, Borivali, Mumbai. 3. The prosecution case is that Petitioner No.1 is the husband and petitioner Nos.2 to 6 are the in-laws of the victim. Petitioner p. 2 SANJAY ASARAM MANDAWGAD Digitally signed by SANJAY ASARAM MANDAWGAD Date: 2026.10.19 14:47:20 +0530 MANDAVGAD 15.WP3385.26.DOC No.1 and the victim got married to each other on 20th January 2013. After the marriage, the victim went to cohabit with the petitioners. It is alleged that, between 20th January, 2013 and 31st August, 2014, the petitioners subjected the victim to mental and physical cruelty by demanding Rs.3,00,000/- to be brought from her parents. The petitioners used to abuse, harass and assult her over household responsibilities and her pursuit of further education. It is alleged that the petitioners have misappropriated her stridhan. Therefore, the aforesaid crime came to be registered. Invsetigation culminated into filing of the chargesheet. 4. The learned Counsel for the parties state that, now, the matter is amicably settled between the parties. Petitioner No.1 and the victim have decided to dissolve their marriage and they have filed a Petition for the said relief. Petitioner No.1 has agreed to pay a sum of Rs.6,00,000/- to the victim towards full and final settlement. As the part of the settlement, the victim has consented and given her no objection to quash the impugned FIR and the consequent proceedings. Mr. Adrekar, learned Advocate tendered an Affidavit sworn by the victim. It is taken on record and marked “X”. The copy of consent terms has also been attached with the petition. 5. The victim is present before the Court. She is identified by learned Counsel Mr.Adrekar. She has reiterated the contents of the affidavit. She states that she has no grievance against the petitioners. Further, she has stated that as the matter is settled, she does not want to prosecute the petitioners in the said crime and she firm on her said stand. Therefore, no purpose would be served by continuing the prosecution arising out of the said FIR. As a result, I am inclined to allow the petition. Hence, following order:- p. 3 MANDAVGAD 15.WP3385.26.DOC (a) Criminal Writ Petition No. 3385 of 2026 is allowed. (b) FIR bearing Cr. No.113 of 2017, registered with Dahisar Police Station, Mumbai, for the offence punishable under Sections 498A, 406, 342, 323 and 504 r/w Section 34 of the IPC, and consequential criminal proceedings being C.C. No.2601771/PW/2017 pending on the file of the learned Metropolitan Magistrate, 26th Court, Borivali, Mumbai, are quashed and set aside. (SHYAM C. CHANDAK, J.)