← Library
Bombay High CourtWP/4875/2024allowed

Anup Shashank Latane And ORS v. The State Of Maharashtra And ANR

2025-11-13Hon'Ble Smt. Justice Bharati Dangre , Hon'Ble Shri Justice Shyam C. Chandak3 pages

1/3 1 WP-4875-24.odt Salgaonkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MANDIRA MILIND SALGAONKAR MILIND SALGAONKAR Date: 2025.11.13 19:58:03 +0530 CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4875 OF 2024 Anup Shashank Latane & Ors.

..

PetitionerS

Versus

State of Maharashtra & Anr.

..

Respondents ...

Ms.Aashi Narayan h/f Mr.Prakash Salsingikar for the Petitioners.

Mr.S.R.Agarkar, A.P.P. for the State/Respondent. CORAM: BHARATI DANGRE & SHYAM C. CHANDAK, JJ.

DATE : 13th NOVEMBER, 2025 ...

P.C:- 1.

In continuation of the earlier order, when the Writ Petition is listed before us, the Complainant/Respondent No.2 has tendered an affidavit duly affirmed before the Assistant Registrar, High Court, Appellate Side.

The affidavit is taken on record.

2.

The deponent of the affidavit categorically states that the dispute between her and the accused persons i.e. husband and his family members has been amicably settled and Consent Terms in that regard have been filed before the Sessions Court at Panvel in Cri. Bail Application No.139 of 2025. Pursuant to the said Consent Terms, she has received an amount of

2/3 1 WP-4875-24.odt Rs.7,00,000/- for the purpose of withdrawing the domestic violence proceedings i.e. Cri. Misc.Application No.423 of 2023. 3.

The affidavit further proceed to state that for the purpose of quashing the F.I.R., R.C.C.No.1699 of 2024, she is desirous of withdrawing the proceedings initiated by her against the accused persons and she is aggreable for receipt of Rs.10,00,000/- of which an amount of Rs.5,00,000/- shall be paid to her upon quashing of the F.I.R. and the second payment of Rs.5,00,000/- shall be received by her upon disposal of the divorce proceedings which are continuing in the Family Court at Sangli.

4.

The deponent, in no uncertain terms, has stated thus :- "7. I state that I have no grievance or claim against the accused persons anymore and no objection to the quashing of FIR No.62 of 2024 and all proceedings arising therefrom.

8. I state that I shall not initiate any further complaint or proceeding of any nature against the aforesaid accused or their family members, nor shall I make any monetary or other demands in the future.

9. I state that the settlement has been entered into by me voluntarily and of my own free will, without any coercion, undue influence, or pressure from any person. Similarly, I further state that this affidavit is being filed by me voluntarily and with my free consent.

10. I pray that this Hon'ble Court may kindly quash the FIR aforesaid and thereafter all pending proceedings against the said accused persons may stand withdrawn/quashed." 5.

Respondent No.2 is present before us and we specifically queried with her about the stipulations in the affidavit filed by her and she confirm to each and every statement contained in the affidavit.

3/3 1 WP-4875-24.odt 6.

In the wake of the aforesaid, since the Complainant herself has accorded no-objection for quashing of the F.I.R. and since we find that the discord between the parties, which has surfaced through the subject F.I.R., was purely inter se arising out of their relationship, she being married to accused No.1 and on her complaint, the provisions of Sections 498A, 420, 406, 504, 506 read with Section 34 of IPC were invoked in the subject FIR against the other members of her husband's family, but now, since the discord is amicably settled and this settlement will definitely not have any impact on the public at large, as the discord was personal in nature, we do not feel any hesitancy in quashing the said proceedings in exercise of our inherent jurisdiction under Section 482 of Cr.P.C, as according to us, continuation of the proceedings shall cause inconvenience to all the parties involved and, since they have amicably decided to put to rest their discord, the following order is passed.

: ORDER :

1.

Writ Petition is allowed.

2.

F.I.R.No.62 of 2024 registered with Kalamboli Police Station and all the proceedings arising therefrom are quashed and set aside.

3.

We expect the Respondent to ensure that the payment of Rs.10,00,000/-, which is assured to the Complainant, shall be made in accordance with the stipulations, as agreed. (SHYAM C. CHANDAK, J.) (BHARATI DANGRE, J.)