Aruna A Desai v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (A.P. L.) NO. 1212 OF 2024 Abhijeet A. Desai ... Applicant
Versus
The State of Maharashtra & Anr.
... Respondents WITH CRIMINAL APPLICATION (A.P. L.) NO. 1576 OF 2024 Satyajit Ashok Desai ... Applicant
Versus
The State of Maharashtra & Anr.
... Respondents WITH CRIMINAL APPLICATION (A.P. L.) NO. 1214 OF 2024 Aruna A Desai ... Applicant
Versus
The State of Maharashtra & Anr.
... Respondents WITH CRIMINAL APPLICATION (A.P. L.) NO. 1213 OF 2024 TALLE SHUBHAM ASHOKRAO Anagha Satyajit Desai ... Applicant TALLE SHUBHAM ASHOKRAO Date: 2025.10.09 21:03:03 +0530
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The State of Maharashtra & Anr.
... Respondents 1 of
------ Mr. Abad Ponda, Senior Advocate (thr VC) a/w Digvijay Kachare, Vijay Singh, Daksha Punghera, Kuldeep Pawar, Shrikant Patil, Arjun Pawar, Sanchita Sontakke, and Abhishek Ingale i/by Adv. Karan Gajra for the Applicant in Cr. Apl. 1212-2024.
Mr. Shirish Gupte, Senior Advocate, (thr VC) a/w Mr. Subodh Desai, Senior Advocate, (thr VC) a/w Sanchita Sontakke, Vijay Singh, Digvijay Kachare, Karan Gajra, Abhishek Ingale i/by Daksha Punghera for the Applicants in Cr. Apl. 1213-2024.
Mr. Girish Kulkarni, Senior Advocate, (thr VC) a/w Adv. Anita Castellino, Sanchita Sontakke, Digvijay Kachare Vijay Singh, Daksha Punghera and Abhishek Ingale i/by Karan Gajra for the Applicant in Cr. Apl. No. 12142024. Mr. Ashok Mundargi, Senior Advocate, (thr VC) a/w Sanchita Sontakke, Vijay Singh, Daksha Punghera, Karan Gajra and Abhishek Ingale i/by Digvijay S. Kachare for the Applicants in Cri. Apl. No. 1576-2024. Dr. Uday Warunjikar (thr VC) i/by Mr. Mahendra Agvekar for the Applicant in MCA-345-2024.
Mr. Pankaj Deokar, APP for the Respondent-State. ------ Coram : M. S. Karnik & Sharmila U. Deshmukh, JJ.
Date : October 9, 2025.
P. C. :
1.
We have perused the order dated 8th October, 2025 passed by the learned Single Judge of this Court at Principal Seat at Bombay in Miscellaneous Civil Application No. 345 of 2024 filed by Neelambari Abhijeet Desai. Before the learned Single Judge, Counsels tendered 2 of
consent terms dated 8th October, 2025 duly signed by both the parties and respective advocates. The consent terms have been reproduced in the said order.
2.
The learned Single Judge in view of the consent terms has disposed of the Marriage Petition No. A-2017/2016 in terms of the consent terms dated 8th October, 2025 filed in Miscellaneous Civil Application No. 345 of 2024 and decree is directed to be drawn up by the Registry of this Court accordingly.
3.
Neelambari Abhijeet Desai is personally present in the Court and she has filed an affidavit in all these Applications stating as under: "1. That I am the Deponent and the Respondent No.2 in the FIR bearing number 0585 of 2024 (hereinafter referred to as the "said FIR") registered with the Karvir Police Station, Kolhapur dated 18.09.2024 for the offence punishable under Section 498-A, 323,504, 506 r/w Section 34 of the Indian Penal Code, 1860 against the present Applicant.
2. That the said FIR was registered due to certain differences disputes between me and the Applicants.
3. That the matter has now been amicably settled between me and the Applicants as per the Consent Terms annexed herewith, out of our own will, without any pressure, coercion, or undue influence from any quarter.
4. That I have no objection if the Hon'ble High Court quashes the said FIR and all proceedings arising therefrom in the interest of Justice.
5. That I am giving this affidavit voluntarily to express my consent for quashing of the FIR and confirm the fact of settlement.
6. That this affidavit may be taken on record by this Hon'ble Court while deciding the Application under Section 528 OF The Bharatiya Nagarik Suraksha Sanhita, 2023 - BNSS for Quashing of the FIR bearing number 0585 of 2024 registered with the Karvir Police Station, Kolhapur dated 18.09.2024 for the offence punishable under Section 498-A, 323,504, 506 r/w Section 34 of the Indian 3 of
Penal Code, 1860 against the present Applicant.
7. That the contents of this Affidavit are true and correct to the best of my knowledge and belief."
4.
The affidavit is taken on record and marked 'X' for identification. The affidavit was duly signed by the Respondent No. 2 on 8th October, 2025.
5.
In light of the consent terms dated 8th October, 2025 filed before learned Single Judge at the Principal Seat at Bombay and in view of the affidavit, the Criminal Applications are allowed. 6.
We are drawing support from the decisions of the Hon'ble Apex Court in the case of Narinder Singh v. State of Punjab1 and Gian Singh v. State of Punjab2 that continuation of the proceedings will be an exercise of futility.
7.
We therefore allow the present Applications in terms of prayer clause (a).
8.
The parties agree that the consent terms are full and final settlement of the dispute and the parties now have no grievances against each other and all disputes have come to an end. [ Sharmila U. Deshmukh, J. ] [ M. S. Karnik, J. ] (2014) 6 SCC 466 (2012) 10 SCC 303 4 of