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2026 DAILYLAW 21273 (BOM)

AMOL MAHESHWARI v. STATE OF MAHARASHTRA AND ANR

WP/3514/2024 · 2026-10-09

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SA_MANDAWGAD 9 CRIWP 3514-24.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3514 OF 2024 Amol Maheshwari and ors. … Petitioners V/S. State of Maharashtra and Anr. … Respondents Mr. Dushyant Purekar a/w. Rajat Dedhia, for the Petitioners. Ms. S.K. Gajare, APP for Respondent No.1–State. Mr. Rachit Singh a/w. Yogen Kakade and Shalupriya Tiwari, for Respondent No.2. Mr.Deepak V. Sonune, PSI, Wakad Police Station, present. CORAM: SHYAM C. CHANDAK, J. DATED : 9th OCTOBER, 2026 P.C. :- 1. Heard learned Counsel for the parties. Perused the record. 2. The present petition seeks quashing and setting aside the impugned FIR bearing C.R. No. 0283 of 2023, registered with Wakad Police Station, Pune, for the offence punishable under Sections 323, 34, 498A, 504 and 506 of the Indian Penal Code, 1860 (“IPC”), on the report dated 26.03.2023, lodged by Respondent No. 2 (“the victim”). 3. The prosecution case is that petitioner No. 1 is the husband of the victim. Petitioner Nos. 2 and 3 are the parents of petitioner No. 1. Petitioner No. 1 and the victim got married with each-other on 31.03.2016. After the marriage, the victim went to cohabit with the family of the petitioners. Page 1 of 4 SANJAY ASARAM MANDAWGAD Digitally signed by SANJAY ASARAM MANDAWGAD Date: 2026.10.19 14:52:52 +0530 SA_MANDAWGAD 9 CRIWP 3514-24.DOC It is alleged that after the marriage, when the couple went to Thailand for a pleasure trip, petitioner No. 1 unnecessarily raised a dispute with the victim and abused her. The in-laws of the victim used to taunt her on account of not doing domestic work and cooking. Petitioner No. 1 had a habit of consuming alcohol. Whenever she advised him to refrain from alcohol, he would assault and abuse her. He also used to doubt her fidelity. It is alleged that he committed physical relationship against her will. In 2017, the petitioners compelled the victim to resign from her position and relocate to the UK with petitioner No.1. Upon their return to India in 2019, the petitioners compelled the victim to leave her matrimonial house. They misappropriated her salary amount. Thus, the petitioners subjected the victim to cruelty. Therefore, the aforesaid crime came to be registered and the charge-sheet came to be filed. 4. The learned Advocates for the parties state 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. As per settlement, petitioner No.1 has agreed to pay a sum of Rs.25,00,000/- to the victim towards full and final settlement and, she has consented and given her no objection to quash the impugned FIR and the consequent proceedings. Mr. Singh, learned Advocate for the victim, tendered the copy of the said Affidavit including the consent terms. It is taken on record and marked ‘X’ for identification. 5. The victim is present through video conferencing. She is identified by Mr. Singh. She has reiterated the contents of the said Affidavit and consent terms. On considering the text of the FIR, it p. 2 SA_MANDAWGAD 9 CRIWP 3514-24.DOC appears that, frequent domestic disputes was the cause behind lodging of the said FIR. Since both the parties want to move ahead in life, therefore, no purpose will be served by continuing the proceedings arising out of the impugned FIR and consequent criminal case. In view thereof, I am inclined to allow the petition in interest of justice and interest of the parties. 6. As I have expressed my opinion for quashing of the present crime, learned Advocates for the petitioners, on instructions, stated that the petitioners will voluntarily pay a cost of Rs.50,000/- and Respondent No.2 will voluntarily pay a cost of Rs.25,000/-. The said statements are accepted as an undertaking given to this Court. 7. Hence, following Order :- (a) Writ Petition No.3514 of 2024 is allowed. (b) The impugned FIR bearing C.R. No.0283 of 2023, registered with Wakad Police Station, Pune for the offence punishable under Sections 323, 34, 498A, 504, 506 of the IPC is quashed and set aside. 8. The petitioners are directed to pay a cost of Rs.50,000/- and the victim is directed to pay a cost of Rs.25,000/- 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. The said costs is to be paid in the following bank account :- p. 3 SA_MANDAWGAD 9 CRIWP 3514-24.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 9. The Registry shall ascertain whether the present order has been complied with and, if not, place the matter before the Court for further orders within a period of four weeks from the date of the present order. (SHYAM C. CHANDAK, J.) p. 4