Ravi @ Balasaheb S/O Bhagwan Dhoble And ORS. v. State Of Maharashtra
1/4 30 WP-3712-24.odt Salgaonkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANDIRA MILIND SALGAONKAR MILIND SALGAONKAR Date: 2025.11.28 20:22:14 +0530 CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3712 OF 2024 Ravi@ Balasaheb s/o Bhagwan Dhoble & Ors.
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Petitioners
Versus
State of Maharashtra & Anr.
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Respondents ...
Mr.Lokesh Zade for the Petitioner.
Ms.Anu C. Kaladharan for the Respondent No.2/Complainant. Ms.Rajnandini w/o Ravi Dhoble, Respondent No.2/Complainant, present in person.
Mrs.Sangita Shinde, Addl.P.P. for the State/Respondent. Investigating Officer-PSI Neha Chavan and Pairavi Officer-PSI Usha Khose, present in Court.
CORAM: BHARATI DANGRE & SHYAM C. CHANDAK, JJ.
DATE : 25th NOVEMBER, 2025 ...
P.C:- 1.
The Petition is filed by six Petitioners, all being the relations of Petitioner No.1-Ravi @ Balasaheb Dhoble with whom the Complainant married on 02/02/2024 and they have approached this Court for quashing of the F.I.R. registered against them by her.
2/4 30 WP-3712-24.odt 2.
The facts before us reveal that the marriage of Petitioner No.1 was solemnized with the Complainant on 02/02/2024 and it is the case pleaded in the Petition that immediately after the marriage i.e. on 07/02/2024, she left the matrimonial home on account of illness of her father, who demised on 23/02/2024. According to the Petitioners, she continued to stay in her parental house till his demise and returned back on 27/02/2024, after performance of last rites, but once again left the house on 01/03/2024 and since then she did not join the company of Petitioner No.1.
3.
The Complainant lodged a report with M.H.B. Colony Police Station, Mumbai on 03/07/2024, alleging that she was subjected to harassment by the accused persons and in the allegations, she specifically levelled the allegation about demand of dowry and the demand being satisfied at the time of marriage by paying an amount of Rs.4,10,000/- in cash and two tolas of gold jewellery. The complaint also make a reference to the relationship shared by her with her husband and a specific accusation is levelled about his potency. The complaint resulted into registration of F.I.R. invoking Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code (for short, "IPC") and pertinent to note that the occurrence of the offence is set out to be from 02/02/2024 i.e. date of marriage till 23/02/2024, when her father expired. The aforesaid column in the F.I.R. itself is indicative that she stayed in the matrimonial house only till 23/02/2024 and assuming that she had stayed later on for a while, as per the Petitioners, she left the matrimonial home on 01/03/2024, not to return ever.
3/4 30 WP-3712-24.odt 4.
During the course of hearing of the Petition, Respondent No.2/Complainant had tendered an affidavit, affirmed by her on 25/11/2025, wherein she categorically states thus :- "2. I state that the matrimonial disputes between myself and Petitioner No.1-my husband- have now been amicably settled. As per the settlement, Petitioner No.1 has agreed to pay me a sum of Rs.1,00,000/- (Rupees One Lakh only) towards full and final settlement of all monetary and other claims arising out of the marriage.
3. I say that the divorce petition has been filed by Petitioner No.1husband before the Family Court at Latur, bearing Petition No.B-01 of 2024, and the matter is scheduled for the next hearing on 20.12.2025.
4. I state that I shall appear before the learned Family Court, Latur, on 20.12.2025 and give my consent for the parties to obtain a decree of divorce. I further state that I have no objection if the said petition filed by the husband is treated as a mutual divorce petition, and I shall fully cooperate in the passing of a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955.
5. It is agreed that the Petitioner No.1-husband shall hand over the settlement amount of Rs.1,00,000/-to my by way of a Demand Draft before the learned Family Court, Latur, on the next hearing date i.e. 20.12.2025."
5.
In paragraph No.6 of the affidavit, the Complainant has stated that settlement has been arrived at voluntarily, without any force, pressure, coercion or undue influence and she is satisfied with the terms of settlement.
6.
The deponent of the affidavit, aged 23 years, is present before us and in the presence of the learned Additional Public Prosecutor, Mrs.Shinde, we enquired with her about the statements made by her in the affidavit and she confirmed to us that the statements contained in the affidavit are made without any pressure and on her own will and she will abide by the terms and conditions set out therein.
The affidavit is taken on record.
4/4 30 WP-3712-24.odt 7.
In the wake of the affidavit filed before us, since we find that the dispute arising out of marital relationship between the Complainant and Petitioner No.1, which involve his other relatives, is being put to rest by mutual settlement, we find this case to be a fit case to exercise our inherent jurisdiction to quash and set aside the F.I.R., as no fruitful purpose will be served, as ultimately the parties have decided to part their ways and live their lives happily hereafter.
8.
When the matter was listed on 29/08/2024, this Court directed that the investigation of the crime shall continue but no charge-sheet shall be filed. As a result, till date, no chargesheet is filed. 9.
Resultantly, the Writ Petition is allowed by quashing and setting aside F.I.R.No.390 of 2024 registered with M.H.B. Colony, Mumbai.
10.
Upon appearance of the parties before the Family Court, we expect the Family Court to take appropriate steps for dissolution of marriage, by expediting the proceedings. (SHYAM C. CHANDAK, J.) (BHARATI DANGRE, J.)