Sudhir Suresh Chavan v. Priyanka Sudhir Chavan And ANR
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1752 OF 2022 Sudhir Suresh Chavan ] Petitioner Vs.
Priyanka Sudhir Chavan and another ] Respondents a/w WRIT PETITION NO.29 OF 2022 Sanjiwani Pradip Patil and another ] Petitioners Vs.
Priyanka Sudhir Chavan and another ] Respondents .....
Mr. Pradhuman Chavan (through V.C.), for Petitioner in Writ Petition No.1752 of 2022.
Mr. Ramdas Shelke, for Petitioner in Writ Petition No.29 of 2022. Ms. Harsha Khandelwal i/b Mr. Balwant Salunkhe, for Respondent No.1 in both the Writ Petitions.
Mr. A.A. Naik, A.P.P, for Respondent No.2 - State. .....
CORAM : M.S. KARNIK & SHARMILA U. DESHMUKH, JJ DATE : 20th SEPTEMBER, 2025.
P.C:
1.
The petitions have been filed seeking quashing of First Information Report bearing No.580 of 2021 (for short "F.I.R") dated 1st November, 2021 registered with Jat Police Station, District Sangli under sections 498-A, 323, 504, 506 r/w 34 of the Indian Penal Code, 1860. SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2025.09.20 17:06:55 +0530
2.
Criminal Writ Petition No.29 of 2022 has been preferred by the mother-in-law and sister-in-law of respondent No.1 - complainant and Criminal Writ Petition No.1752 of 2022 has been preferred by husband of respondent No.1 - complainant.
3.
Learned Counsel appearing for the respondent No.1 has tendered an affidavit of the respondent No.1 - complainant. The same is taken on record. She submits that the parties have amicably settled the dispute and have filed divorce petition by mutual consent under section 13B of the Hindu Marriage Act before Civil Judge, Senior Division, Sangli and respondent No.1 does not desire to continue with the criminal prosecution. She would further submit that pursuant to the consent terms which were executed before the Civil Court, the demand draft of Rs.3,00,000/- has already been received by respondent No.1 - complainant. She submits that in view of the settlement which has been arrived at between the petitioners and respondent No.1 - complainant, respondent No.1 - complainant has no objection if F.I.R bearing No.580 of 2021 is quashed.
4.
The Respondent No.1 - complainant is present in the Court and reiterates the terms of the consent terms. Her identity is verified by her Counsel and by her Aadhar Card, copy of which is placed on record.
5.
Considering that the proceedings arose out of a matrimonial discord which have now been settled between the parties and the parties have moved on after arriving at settlement by filing divorce petition by mutual consent, no fruitful purpose will be served in continuing the criminal proceedings. The view taken by us is supported by the decision of the Hon'ble Apex Court in the cases of Gian Singh Vs. State of Punjab and another reported in 2012 (10) Supreme Court Cases, 303 and Narinder Singh and others Vs State of Punjab and another (2014) 6 Supreme Court Cases 466. 6.
In light of the above, Criminal Writ Petition No.29 of 2022 and Criminal Writ Petition No.1752 of 2022 are allowed. F.I.R. bearing No.580 of 2021 dated 1st November, 2021 registered with Jat Police Station, District Sangli under sections 498-A, 323, 504, 506 r/w 34 of the Indian Penal Code, 1860 is quashed.
7.
The petitions are disposed of.
[SHARMILA U. DESHMUKH, J.] [M.S. KARNIK, J.]