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2026 DAILYLAW 3149 (BOM)

NIKHIL NANDKISHORE KANUNGO AND ORS v. THE STATE OF MAHARASHTRA AND ANR

WP/3471/2026 · 2026-07-27

Shri Shyam C Chandak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

PRASAD 16_WP_3471_2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3471 OF 2026 Nikhil Nandkishore Kanungo and Ors. …. Petitioners V/s. State of Maharashtra and Anr. … Respondents Mr. Akram Kapoor, for the Petitioners. Mr. V.A. Kulkarni, APP for the Respondent – State. Mr. Siddharth Pimple a/w Prashant Bothre i/by Pan India Legal Services LLP, for the Respondent No.2. CORAM: SHYAM C. CHANDAK, J. DATED : 27th JULY 2026 P.C.:- . Present Petition seeking quashing and setting aside FIR bearing C.R. No.493 of 2024 (initially numbered as C.R. No.681 of 2024) registered with V.P. Road police station, for the offence punishable under Sections 498A, 323, 504, 506, 465, 468, 471 and 34 of the Indian Penal Code, 1860 (for short “I.P.C.”) and consequent criminal proceedings bearing C.C. No.303/PW/2025, pending before the learned Additional Chief Judicial Magistrate F.C. 4th Court, at Girgaon, Mumbai. 2. Heard learned Counsel for the parties. 3. Petitioner No.1 is husband of Respondent No.2. Petitioner Nos. 2 and 3 are parents and Petitioner No.4 is sister of the Petitioner No.1. Petitioner No.1 got married with Respondent No.2 on 06.02.2018. After she went to cohabit with the family of the Petitioner No.1, it is alleged that Petitioners subjected her to mental and physical cruelty to coerce her to meet their unlawful demand of Rs.2 crores to be brought from her parents to purchase PRASAD 16_WP_3471_2026.DOC a flat in Mumbai. They used to assault her. Therefore, Respondent No.2 filed a report, pursuant to which the aforesaid crime came to be registered. On completion of investigation, the charge-sheet has been filed. 4. Learned Counsel for the parties state that after registration of the FIR, the parties have arrived at an amicable settlement. Petitioner No.1 and Respondent No.2 have decided to dissolve the marriage by decree of divorce by mutual consent. The monetary / property claims have been settled between the parties and they will not claim anything in the future against each other. Mr. Pimple, learned Counsel for the Respondent No.2, tendered Affidavit affirmed by Respondent No.2 and stated that thereby she has given her consent and no objection to quash and set aside the impugned FIR and consequent criminal proceedings arising therefrom. The said Affidavit in taken on record and marked ‘X’. The Respondent No.2 is present before the Court. She is identified by her Advocate Mr. Pimple. She has reiterated the contents of the said Affidavit. She gives her consent and no objection for quashing and setting aside the impugned FIR and consequent criminal proceedings. 5. Learned Counsel for the parties stated that after dissolution of marriage the parties want to settle in their life as they want. As such, no purpose will be served by continuing proceedings arising out of the impugned FIR. Therefore, I am inclined to allow the Petition. Hence, following order:- (i) Petition is allowed. (ii) The FIR bearing C.R. No.493 of 2024 (initially numbered as C.R. No.681 of 2024) registered with V.P. Road PRASAD 16_WP_3471_2026.DOC police station, for the offence punishable under Sections 498A, 323, 504, 506, 465, 468, 471 and 34 of the I.P.C. and consequent criminal proceedings bearing C.C. No.303/PW/2025, pending before the learned Additional Chief Judicial Magistrate F.C. 4th Court, at Girgaon, Mumbai, are quashed and set aside. (SHYAM C. CHANDAK, J.) PRASAD RAJENDRASING RAJPUT Digitally signed by PRASAD RAJENDRASING RAJPUT Date: 2026.08.03 20:33:30 +0530