HEMANT

2025:BHC-AS:55718-DB

CHANDERSEN

SHIV

HEMANT

CHANDERSEN SHIV

Date: 2025.12.17 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

18:00:55 +0300

CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO.4141 OF 2023

Sanjeev Kashinath Pai … Petitioner

V/s.

The State of Maharashtra & Anr. … Respondents

Mr. Shahed Ali Ansari i/b Shivaji M. Patil for the Petitioner.

Mr. S. R. Agarkar APP for Respondent No.1-State.

Mr. Prasad Sankpal for Respondent No.2.

Ms. Reshma Mavkar, PSI, Kopri police station present.

CORAM : BHARATI DANGRE &

SHYAM C. CHANDAK, JJ.

DATE : 16th DECEMBER, 2025

P.C:-

1) Two FIRs came to be registered with Kopri police station on the

same day i.e. 14/04/2018.

FIR No.41 of 2018 invoke Section 354, 506(2), 504 of I.P.C. on

the complaint filed by Respondent No.2.

FIR No.42 of 2018 invoke Sections 354, 504 of I.P.C. on the

complaint being filed by one Mrs. Shailaja Sanjeev Pai.

In short, two FIRs are cross FIRs and the Petitioner before us

seek quashing of FIR No.41 of 2018, subsequently, resulting into registration of R.C.C. No.2822 of 2018 which is presently pending in the

Court of the Chief Judicial Magistrate, Thane.

2) We have heard respective Counsel for the parties.

3) It is pertinent to note that in case arising out C.R.No.42 of 2018, a settlement was arrived between the parties being recorded as “Consent Terms before the Hon’ble Civil Judge, Senior Division, Thane” wherein it was agreed that the complainant and the Respondents shall take necessary steps to quash FIR No.41 of 2018 (R.C.C. No.2822 of 2018). FIR No.42 of 2018 (‘B’ Summary No.52/2018) and withdraw private complaint bearing S.C.C. No.16832 of 2019 duly registered at Kopri police station and pending before the Chief Judicial Magistrate, Thane.

4) In the wake of aforesaid settlement being arrived at, the complainant i.e. Respondent No.2 has tendered an affidavit affirmed by her on 15^th December, 2025 wherein she has reiterated the settlement effected between the parties and the settlement is prefaced by the following averment in the affidavit :

“… …. 3. I say that we both, the Petitioner and I, are close relatives and due to unavoidable circumstances and incidents at that, we have filed cross complaints/FIR against each other at Kopri police station, I say that after prolonged and tedious multiple cross litigations spanning around seven years, our perspective towards life has changed as we have moved forward in life. That passing the time we have decided to resolve the difference affirmatively. An therefore, we had opted for mediation before Hon’ble Civil Judge (S.D.) Thane, at Thane in S.C.C. No.16832 and agreed to withdraw the criminal complaints lodged against each other and my respective family members.”

The deponent of the affidavit categorically state that since there is settlement between the Petitioner and herself, mutually and cordially with forgiveness and with intention to move ahead in life and the Consent Terms being drawn as a part of mediation before the Civil Judge, Thane in S.C.C. No.16832 of 2019, she is according her no objection to quash the subject FIR and the proceedings arising therefrom. Similarly, it is also agreed that the wife of the Petitioner, Mrs.Shailaja Sanjeev Pai would withdraw the protest Petition, since B-Summary report was filed in FIR No.42 of 2018.

The affidavit dated 15/12/2025 is taken on record.

Mrs.Pournima Rahul Pai is present before us and she has confirmed that the affidavit filed by her is without any coercion, force or undue influence and she has no objection quashing the subject FIR and the proceedings arising therefrom. In the wake of the settlement effected between the parties, since the parties have amicably resolved the dispute and decided to move ahead in life by clearing all the misunderstandings resulting in two cross complaints and since they found it to be worthless to prosecute each other and agreed at a settlement, we see no hesitancy in exercising our inherent jurisdiction to quash the subject FIR.

As a result, the Writ Petitio