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2026 DAILYLAW 9123 (BOM)

ROHIT VILAS KAMBLE v. STATE OF MAHARASHTRA AND ANR.

WP/736/2026 · 2026-09-17

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Judgment text

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(1) 33criwp731.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.731 OF 2026 1. Shiladevi Vilas Kamble, Age-54 Years, Occu-Housewife, 2. Vilas Tukaram Kamble, Age-58 years, Occu-Retired, 3. Hrushikesh Vilas Kamble, Age-24 Years, Occu-Education, 4. Ragini Vaibhav Sanade, Age-27 years, Occu-Education, R/o. Vathar Tarf Vadgaon, Datta Colony, Tq. Hatkanangale, Dist. Kolhapur 5. Sushil Ravikant Jivraskar, Age-43 Years, Occu-Service, R/o. Samrat Ashok Nagar, Vithar Tarf Vadgaon, Tq. Hatkanangle, Dist. Kolhapur ...PETITIONERS VERSUS 1. The State of Maharashtra Through Vadgaon Police Station 2. Pradnya Rohit Kamble, C/o. Masaji Pandurang Kamble, House No. 725, Bouddha Vasahat Mhaisal Tq. Miraj, Dist. Sangli Maharashtra Pin-416 409 ...RESPONDENTS Mr. D. S. Sonarlikar, Advocate for the Petitioners Mr. A. S. Shalgaonkar, APP for the Respondent/State Mr. Abid A. Sayyad, Advocate for the Respondent No. 2 1 of 6 VISHAL RAM KAMBLE Digitally signed by VISHAL RAM KAMBLE Date: 2026.09.19 15:46:05 +0530 (2) 33criwp731.26.odt AND CRIMINAL WRIT PETITION NO. 736 OF 2026 1. Rohit Vilas Kamble, Age-28 years, Occu-Service, R/o. Vathar Tarf Vadgaon, Datta Colony, Tq. Hatkanangle, Dist. Kolhapur ...PETITIONER VERSUS 2. State of Maharashtra, Through Vadgaon Police Station, 3. Pradnya Rohit Kamble, C/o. Masaji Pandurang Kamble, House No. 725, M. Buddha Vasahat, Mhaisal Tq. Miraj, Dist. Sangli, ...RESPONDENTS Mr. D. S. Sonarlikar, Advocate for the Petitioners Mr. Pankaj Deokar, APP for the Respondent/State Mr. Abid A. Sayyad, Advocate for the Respondent No. 2 CORAM : ABHAY J. MANTRI, J. DATE : 17th SEPTEMBER, 2026 ORAL JUDGMENT: 1. Heard. Rule. Rule made returnable forthwith. 2. By consent of the learned Advocates for the parties, the Petitions are taken up for final disposal. 3. It is pertinent to note that the Petitioners in Criminal Writ Petition No. 731 of 2026 are the in-laws, and the Petitioner in Criminal Writ Petition No.736 of 2026 is the husband of Respondent No. 2 / Original Complainant. 2 of 6 (3) 33criwp731.26.odt 4. The Petitioners in both the Petitions have invoked the inherent jurisdiction of this Court under Section 528 of the Bhartiya Nagrik Suraksha Sanhita [for short ‘the BNSS’] to quash the FIR bearing C. R. No. 0628/2025 registered at Vadgaon Police Station, Kolhapur on 06-12-2025 [for short ‘FIR’] for the offence punishable under Section 85 of the Bhartiya Nyaya Sanhita [for short ‘the BNS’]. 5. Learned Advocates for the Petitioners and learned Advocate for the Respondent No.2 have jointly submitted that the matter has been amicably settled between the parties. Accordingly, they agreed to file divorce proceedings by mutual consent before the learned Civil Judge Senior Division [for short ‘CJSD’]. Therefore, Respondent No. 2, the original complainant, does not wish to proceed further with the prosecution. Accordingly, she has filed an affidavit dated 17-09-2026 before the Court affirming that the matter has been amicably settled between them. Therefore, she has given no objection to quashing the proceedings against the Petitioner/s. 6. In brief, the facts are that the marriage of the Petitioner in WP/736/2026 and Respondent No. 2 was solemnised on 17-05-2025. The Petitioner Nos. 1 and 2 are the parents-in-law, Petitioner No. 3 is the brother-in-law, Petitioner No. 4 is the sister-in-law, and Petitioner No. 5 is the uncle-in-law of Respondent No. 2 in WP No. 731/2026. 3 of 6 (4) 33criwp731.26.odt Due to matrimonial discord, on 06-12-2025 Respondent No. 2 lodged a report against the Petitioners in both petitions at Vadgaon Police Station, Kolhapur, alleging that they subjected her to cruelty on account of dowry demands. Based on the said complaint, an offence was registered against them as referred to above. Based on the FIR, the police conducted an investigation. After completing the investigation, the Investigating Officer filed the charge-sheet. Aggrieved by the FIR and filing of the charge-sheet, the Petitioners have preferred these Petitions. 7. During the pendency of these Petitions, the matter has been amicably settled between the parties. Accordingly, the Petitioner in Cri. WP/736/2026 and Respondent No. 2 have agreed to file divorce proceedings by mutual consent before the learned CJSD. 8. Today, Respondent No. 2, the complainant, appeared before the court and filed an affidavit sworn on 17-09-2026 wherein she has asserted that she and Petitioner /Husband agreed to file divorce proceedings by mutual consent before the learned CJSD, as the matter has been amicably settled between them. Therefore, she has no objection to quashing the FIR and the proceedings bearing R.C.C. No. 226/2026 pending before the learned JMFC, Vadgaon. 4 of 6 (5) 33criwp731.26.odt 9. Respondent No. 2 with her parents is present in the court. The learned Advocate for Respondent No. 2 identified her. She admitted that the contents of the affidavit are true and correct and also gave no objection to quash the FIR and proceedings. 10. Thus, it seems that the matter has been amicably settled between the parties. Pursuant to the settlement, Respondent No. 2 gave her no objection to quash the FIR and pendency of the proceedings bearing R.C.C. No. 226/2026 against the Petitioners. Moreover, the nature of the offence is neither heinous nor anti-social, but the same arose out of a matrimonial dispute. Therefore, in my view, there is no reason to continue with the prosecution. 11. In the wake of the above discussion, it would be appropriate to allow both the Petitions in terms of settlement, as it would not cause prejudice to the parties. In the light of the above, I am satisfied that a case is made out to exercise the inherent jurisdiction of this Court to secure the ends of justice and prevent the abuse of the process of law. Hence, I pass the following order. 12. Both Criminal Writ Petitions are allowed in terms of prayer clause-A, which reads as under. “a] That this Hon’ble Court may be pleased to issue an appropriate writ, order or direction in the nature of writ thereby quashing and setting aside the First Information Report dated 06-12-2025 C. R. No. 628 of 2025 lodged 5 of 6 (6) 33criwp731.26.odt by Respondent No. 2 herein with Respondent No.1 herein, as well as the charge-sheet/final report which is filed by the concerned Investigating Officer on 25 June 2026.” 13. The Rule is made absolute in both the Petitions. 14. Both Petitions are disposed of. No order as to costs. [ABHAY J. MANTRI, J. ] VishalK/33criwp731.26.odt 6 of 6