Parimala H. Maneti And ORS v. State Of Maharashtra And ANR

1/4 912 WP-5991-24.odt Salgaonkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MANDIRA MILIND SALGAONKAR MILIND SALGAONKAR Date: 2025.12.11 17:22:27 +0530 CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.5991 OF 2024 Parimala H.Maneti & Ors.

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Petitioners

Versus

The State of Maharashtra & Anr.

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Respondents ...

Mr.Aditya R. Deshmukh for the Petitioners.

Mr.S.R.Agarkar, A.P.P. for the State/Respondent. Mr.P.C.Ramdin for the Respondent No.2.

API Shobha Bhandvalkar, attached to Chaturshrungi Police Station, Pune, present.

CORAM: BHARATI DANGRE & SHYAM C. CHANDAK, JJ.

DATE : 10th DECEMBER, 2025 ...

P.C. :- 1.

Rule. Rule made returnable forthwith.

2.

The Writ Petition seek quashing of C.R.No.69 of 2022 registered with Chaturshrungi Police Station, which has invoked Sections 498-A, 323, 504 read with Section 34 of the Indian Penal Code, upon a complaint filed by Respondent No.2Sujata Konda. In the said complaint, alongwith her husband, her inlaws, including the two sister-in-laws are arraigned as accused. On completion of investigation, the charge-sheet is filed and the present Writ Petition is filed seeking its quashing, the Petition being filed by all the accused persons.

2/4 912 WP-5991-24.odt 3.

During the pendency of the proceedings, it appears that a settlement is worked out between the parties and, accordingly, Respondent No.2-the Complainant has filed an affidavit. The affidavit affirmed by her on 10/12/2025 is taken on record.

4.

In the affidavit, Respondent No.2 has made reference to the Divorce Petition filed by Petitioner No.1, her husband in Family Court Mumbai at Bandra alongwith the proceedings instituted by her in the Court of JMFC, Pune seeking the reliefs under the Protection of Women from Domestic Violence Act, 2005. In paragraph No.5, she makes the following categorical statement.

"5. I say that all the said proceedings had been going on for many years, therefore, to put an end to the matrimonial disputes, and for having a stable future, it was decided between me and my former husband to put an end to all litigations mutually and amicably." 5.

The settlement arrived between the parties is clearly recorded in the affidavit from paragraphs 6 to 9, where it was agreed that the Divorce Petition filed by the husband shall be converted into the proceedings seeking divorce by mutual consent and it is informed that the Family Court Mumbai at Bandra, on 06/10/2025, has passed the judgment and decree, dissolving the marriage between the parties. Similarly, an order is passed by the JMFC, Pune on 08/10/2025, when the Respondent No.2 sought withdrawal of the DV proceedings and the same is also placed before us.

The affidavit of Respondent No.2 categorically state that she has received an amount of Rs.5,00,000/- by way of Demand Draft as a part of the settlement alongwith another

3/4 912 WP-5991-24.odt Demand Draft of Rs.1,43,360/- as a part of the Consent Terms of the decree of divorce.

Today, Petitioner No.1 is ready with the Demand Draft and permission is sought from us to hand over the same to Respondent No.2/the Complainant who is present in the Court. Respondent No.2 has accepted the said Demand Draft in the sum of Rs.10,00,000/- and she has acknowledged its receipt. 6.

The affidavit of Respondent No.2 contain a categorical statement that now no grievance survives against the Petitioners in the wake of the amicable settlement and she has, therefore, accorded her no-objection for quashing of the proceedings in R.C.C.No.3744 of 2022 pending on the file of JMFC, Pune, arising out of C.R.No.69 of 2022 registered with Chaturshrungi Police Station.

7.

Respondent No.2-Sujata Balram Ankam @ Sujata Ramkrishna Konda is present before her us. Her identity is established by the Advocate representing her. Apart from this, she has also tendered her Aadhar card and on the basis of the same, the Court Sheristedar has confirmed her identity. We specifically inquired as to whether she confirms to the statement made in the affidavit affirmed by her on 10/12/2025 and she categorically state that the affidavit is filed by her in the wake of the settlement and she has no objection if the R.C.C. Case pending against the Petitioners before the JMFC, Pune is quashed and set aside.

8.

Since a matrimonial discord arising between the parties, which was the genesis of the F.I.R., is now put to rest by the

4/4 912 WP-5991-24.odt parties by securing decree of divorce and the Complainant/Respondent No.2 having received an amount towards full and final settlement, which forms the basis for decree of divorce, before the Family Court Mumbai at Bandra in form of N.J. Petition No.A-3594 of 2021, we see no propriety in continuing the criminal case against the Petitioners in the wake of the settlement, as both the parties have decided to lead a stable life, by putting an end to the discord between themselves and this settlement is arrived between them amicably.

In the wake of the above, R.C.C.No.3744 of 2022, pending on the file of JMFC, Pune arising out of C.R.No.69 of 2022 registered with Chaturshrungi Police Station is quashed and set aside.

9.

The Petition is made absolute by granting the above relief.

(SHYAM C. CHANDAK, J.) (BHARATI DANGRE, J.)