2025:BHC-AS:57747-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO.1258 OF 2025

1. Prashant Shankar Adhatrao ) Age:- 40 years, Occ:- Service ) Having address at B/202, ) Raj Akash Society, Vijay Home ) Complex, Bhayander West), ) Thane 401101. ) 2. Snehalata Shankar Adhatrao ) Age:- 68 years, Occ:- Housewife ) Having address at B/202, ) Raj Akash Society, Vijay Home ) Complex, Bhayander (West), )

Thane 401101 ) …. Applicants.

(Orig. Accused Nos.1 & 2)

V/s

1. State of Maharashtra ) High Court, Annex Building, ) Mumbai Through – Investigating ) Officer of Bhayander Police Station )

)

2. Aarti Prashant Adhatrao ) Aged :- 35 years, Occ:- Service ) Residing at 229, Kishore Pawar ) Villa, Kegaon Bazarpur, Uran, Taluka- )

Uran, Dist- Raigad ) …..Respondents

(Orig. Complainant)

Mr. Amol Joshi, advocate for the applicant.

Mrs. Mahalaxmi Ganapathy, APP for the respondent no.1-State.

Mr. Pradeep T. Rane, advocate for the respondent no.2.

CORAM : SHREE CHANDRASHEKHAR, CJ &

GAUTAM A. ANKHAD, J.

DATE :10^th DECEMBER 2025.

PER, GAUTAM A. ANKHAD, J.

The present Petition is filed under Article 226 of the Constitution of India and section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 seeking quashing of the FIR No.18/2023 dated 9^th January 2023 registered at Bhayander Police Station and Charge-sheet No.13/2023. 2. The marriage between the applicant no.1 and the respondent no.2 was solemnized on 19^th April 2017. The applicant no.2 is the mother-in-law of the respondent no.2. Owing to matrimonial discord, differences arose between the parties and an FIR was filed by the respondent no.2 at Bhayandar Police Station on 9^th January 2023, alleging harassment and cruelty. Upon completion of investigation, a charge-sheet dated 29^th April 2023, bearing Charge-sheet No. 13 of 2023, was filed before the 6^th Joint Civil Judge, Junior Division and Judicial Magistrate First Class at Thane, registered as R.C.C. No. 1753 of 2023, which was transferred to Hon’ble 2^nd Joint Civil Judge (Junior Division) Mira Bhayander and re-numbered as R.C.C. No.3058 of 2025. Additionally, the respondent No. 2 instituted proceedings under the Protection of Women from Domestic Violence Act, 2005, being Application No. 49 of 2023, before the Court of the Civil Judge, Junior Division and Judicial Magistrate First Class, Uran, against the applicants as well as the sister of applicant No. 1 (“DV Proceedings”). 3. The parties have now amicably resolved all disputes. The applicant No. 1 and the respondent No. 2 have executed Consent Terms dated 20^th September 2025 before the Family Court at Bandra in Divorce Petition No. M.J. Petition No. A-3258 of 2022. The Consent Terms record that the parties have agreed to dissolve their marriage by mutual consent and that there are no pending disputes between them. The Consent Terms further record that a full and final settlement has been arrived at towards permanent alimony and maintenance.

4. The respondent no.2 has filed an affidavit dated 10^th December 2025 confirming no objection to the quashing of the criminal proceedings. The petitioner no.1 and the respondent no.2 are personally present before this Court and have been identified by their respective learned counsel. Their appearances have been duly recorded and the petitioner no.1 and the respondent no.2 have appended their signatures in their own handwriting, which shall form a part of the records. The present petition is allowed on the basis of the undertakings furnished by the applicants, whereby they have undertaken to pay the settlement amount to the respondent no. 2 as per the consent terms arrived at between the parties.

5. The Hon’ble Supreme Court, in “B.S. Joshi v. State of Haryana” [(2003) 4 SCC 675], has held that the High Court may exercise its inherent jurisdiction to quash criminal proceedings arising out of matrimonial disputes, where the Court is satisfied that the parties have arrived at an amicable settlement and that such exercise would