Vijay Ganpati Amane And ORS v. The State Of Maharashtra And ANR
902. WP 5121-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5121 OF 2024 ANAND SUDHAKAR SUDAME Vijay Ganapati Amane & ors.
.. Petitioners
Versus
ANAND SUDHAKAR SUDAME Date: 2025.08.25 18:53:03 +0530 The State of Maharashtra & anr, .. Respondents Mr. Hafeezur Rahman a/w. Mr. Prathmesh Waghmare, Advocates, for the Petitioners Mr. S. V. Gavand, APP, for Respondent No. 1 - State Mr. Ajinkya D. Murumkar a/w. Mr. Ravi Uikey, Advocates, for Respondent No. 2
CORAM
:
RAVINDRA V. GHUGE & GAUTAM A. ANKHAD, JJ.
DATE :
21st August, 2025 P. C.
1.
FIR No. 404 of 2023 registered on 13th June, 2023 with the Pant Nagar Police Station, Brihan Mumbai City, is on account of a marital discord. Sections 498A, 504 r/w. 34 of the Indian Penal Code, 1860 were invoked. The parties have settled the dispute amicably and pray for quashing of the FIR by consent. Since Charge-sheet was filed, Criminal Case No. 2076/PW/2023 before 50th Metropolitan Magistrate's Court at Vikhroli, Mumbai, also needs to be disposed off.
Anand 1/2
902. WP 5121-2024.odt 2.
The consent Affidavit of Respondent No. 2, who is the Original Informant, dated 21st August, 2025 (7 pages) is taken on record and marked as ' X-1'
for identification. So also, the Consent Terms/Memorandum of Understanding between the two sides dated 21st August, 2025 (12 pages) are taken on record and marked as 'X-2' for identification. 3.
The learned APP submits that the issue in the FIR is in relation to a marital discord and since all the parties have amicably settled their differences, the Petition can be disposed off in terms of prayer Clauses (b) and (b-i), in view of the law laid by the Hon'ble Supreme Court in the case of B. S. Joshi And Others vs. State of Haryana And Another, reported in (2003) 4 SCC 675. Prayer clauses (b) and (b-i) read as under :- "b.
This Hon'ble Court be pleased to quash and/or set aside the FIR being C. R. No. 404/2023 registered by Pant Nagar Police Station;
b-i.
This Hon'ble Court be pleased to quash and/or set aside the Charge-sheet filed being C. C. No. 2076/PW/2023 pending before 50th Metropolitan Magistrate Court at Vikhroli, Mumbai."
4.
In view of the above, this Petition is partly allowed in terms of prayer Clauses (b) and (b-i), by consent.
[GAUTAM A. ANKHAD, J.] [RAVINDRA V. GHUGE, J.] Anand 2/2