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2025 Supreme(Online)(Bom) 6453

HIGH COURT OF BOMBAY
HON'BLE THE CHIEF JUSTICEHON'BLE SHRI JUSTICE GAUTAM A. ANKHAD
JAYKISHAN NANDLAL ROHRA – Appellant
Versus
ANJALI JAIKISHAN ROHRA AND ANR – Respondent
APL/1389/2025



2025:BHC-AS:53994-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1389 OF 2025

1. Jaykishan Nandlal Rohra ]

2. Jaya Nandlal Rohra ] .. Applicants Versus

1. Anjali Jaikishan Rohra ] 2. State of Maharashtra, ]

Through Ulhasnagar Central Police Station-3 ] .. Respondents Mr. Archit G. Manurkar, Advocate for the Applicants.

Mr. Robinsingh H. Palthiya, Advocate for Respondent No.1.

Mrs. Mahalaxmi Ganapathy, Additional Public Prosecutor for Respondent No.2-State of Maharashtra.

CORAM : SHREE CHANDRASHEKHAR, CJ. &

GAUTAM A. ANKHAD, J.

DATE : 3RD DECEMBER 2025.

PER, GAUTAM A. ANKHAD, J.

The present Criminal Application is filed under section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 seeking following relief:

“(a). This Hon’ble Court may be pleased to quash the F.I.R./C.R.

No.0680 of 2024 dated 24th April 2024 registered at the instance of applicant no.1 against the applicants under sections 34, 406, 498A, 504 and 506 of the Indian Penal Code, 1860 with the Ulhasnagar Central Police Station 3, charge-sheet filed therein and the criminal case bearing number R.C.C. 21 of 2025 pending before the Court of Jt.

C.J.J.D. and J.M.F.C. at Ulhasnagar.”

2. The marriage between the applicant no.1 and the respondent no.1 was solemnised on 7th December 2021. The applicant no.2 is the mother-in-law of the respondent no.1. Due to marital discord, differences arose between the parties. An FIR was lodged at the instance of the respondent no.1 at Ulhasnagar Central police station on 24th April 2024 alleging that she was subjected to harassment and cruelty. The charge-sheet was filed in the criminal proceedings bearing RCC No.21 of 2025 before the learned Judicial Magistrate First Class, Ulhasnagar. The respondent no.1 had filed an application for grant of interim maintenance which was rejected by the learned trial court. The appeal filed against the said decision is still pending adjudication. The respondent no.1 had further initiated proceedings under the provisions of the Protection of Women from Domestic Violence Act, 2005 (“DV Procceedings”).

3. The parties have now amicably settled disputes amongst them. Pursuant the settlement on 18th August 2025, the respondent no.1 has withdrawn the pending DV proceedings. The applicant no.1 and respondent no.1 have executed consent terms dated 29th October 2025 before learned Family Court, Bandra. The consent terms record that the parties seek to dissolve their marriage by mutual consent and that they have no further grievance towards each other. The Consent Terms also record the full and final settlement towards permanent alimony/

maintenance.

4. The respondent no.1 has filed an affidavit dated 2nd December 2025 which records that the respondent no.1 has no objection to quashing of the criminal proceedings in view of the settlement reached between the parties. The parties are present in the Court and identified by their respective counsel. The parties have affixed their signatures and recorded their appearance in their own handwriting which shall form part of the proceedings. The present petition for quashing of the FIR and the subsequent proceedings thereto is allowed only due to the undertakings of the applicants that entire settlement amount shall be paid to the respondent no.1.

5. The Hon’ble Supreme Court in “B.S. Joshi v. State of Haryana” (2003) 4 SCC 675 held that the High Court can invoke its inherent power to quash criminal cases stemming from marital disputes, provided the court is satisfied that an amicable settlement has been reached, which serves the interests of justice. The parties have settled their dispute. Part payments towards maintenance have been made. In light of the same, the continuance of proceedings would not be a fruitful exercise. In light of the same, Criminal Application No.1389 of 2025 is allowed in terms of prayer clause (a).

[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ]

Digitally signed by 3/3 SNEHA SNEHA Date:

DIXIT 2025.12.10 +0530

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