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Bombay High CourtWP/4926/2024allowed

Aniket Paul And ANR v. The State Of Maharashtra And ANR

2025-12-16Hon'Ble Smt. Justice Bharati Dangre , Hon'Ble Shri Justice Shyam C. Chandak5 pages

1/5 910 WP-4926-24.odt Salgaonkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4926 OF 2024 Aniket Paul & Anr.

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Petitioners

Versus

The State of Maharashtra & Anr.

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Respondents ...

Ms.Divisha Pandia with Ms.Soali Borhade i/b Bindu Dubey for the Petitioners.

Ms.Sangeeta D. Shinde, A.P.P. for the State/Respondent. Mr.N.S.Bobade with Ms.Niharika Pandey for the Respondent No.2.

Ms.Priyanka Paul, Respondent No.2, present in person. CORAM: BHARATI DANGRE & SHYAM C. CHANDAK, JJ.

DATE : 16th DECEMBER, 2025 ...

ORAL JUDGMENT:- [Per Bharati Dangre, J.] 1.

Rule. Rule is made returnable forthwith by consent of the respective counsel.

2.

C.R.No.662 of 2024 is registered with Kalwa Police Station, Thane City invoking Sections 498A, 354, 323 and 504 of the Indian Penal Code (for short, "IPC") against the husband of the Complainant and her father-in-law, who came to be arraigned as Accused Nos.1 and 3. The Complainant levelled

2/5 910 WP-4926-24.odt accusations against them in the wake of her marriage being solemnized with Aniket Paul on 25/02/2022. The complaint lodged by her, which resulted into registration of an F.I.R., contain accusations about ill treatment both, physical and mental.

According to the complaint, the whole discord arose when the demand raised by the accused persons was not satisfied and this was the cause for she being subjected to abuse, including mental and physical. Some allegations are also levelled against the father-in-law, resulting into invocation of Section 354 of IPC.

3.

Upon completion of investigation of the F.I.R., we are informed that the charge-sheet has been filed before the Judicial Magistrate First Class, 5th Court, Thane and it is converted into R.C.C.No.4059 of 2024, which is pending before the said Court.

Though the charge-sheet is not part of the proceedings, the same is placed before us and we have taken the same on record and it is marked 'X' for identification. 4.

The Petition, being filed for quashing of the subject F.I.R. by the two Petitioners, specifically pleaded that the allegations levelled against the Petitioners are false and frivolous and the

3/5 910 WP-4926-24.odt same are levelled in the wake of the matrimonial discord and it is alleged that it was a strategic planning of the Complainant to extort some money from the Petitioners.

5.

During the pendency of the proceedings, this Court by order dated 19/09/2025, referred the parties for mediation and before the Mediator, Mediation Settlement Agreement (MSA) is arrived at and on 20/10/2025, MSA inked by the Complainant and Petitioner No.1-her husband is placed before us.

The said settlement agreement is also annexed alongwith the affidavit filed by Respondent No.2 on 10/12/2025, according her no-objection to quash the subject F.I.R. and the subsequent charge-sheet as well as the R.C.C.case in the wake of the amicable resolution of the disputes by way of out of court settlement and she has no grievance against the Petitioners in the wake of the same.

6.

The deponent of the affidavit is present before us and she affirms the contents of the affidavit in the light of the Mediation Settlement Agreement signed by her on 20/10/2025.

She has also acknowledged the receipt of Demand Draft of Rs.5,00,000/- today.

4/5 910 WP-4926-24.odt 7.

We have perused the Mediation Settlement Agreement, which has recorded that the Respondent/husband has agreed to pay an aggregate sum of Rs.14,75,000/- to her by way of full and final settlement of her claims towards alimony, maintenance, residence etc. for past, present and future. Amongst the agreed amount, a sum of Rs.10,00,000/- (Rs.5,00,000+Rs.5,00,000) has been made over to the Complainant/Respondent No.2 and it is agreed that balance amount of Rs.4,75,000/- shall be tendered to her on the date of filing of the claim affidavit before the Civil Judge Senior Division, Panvel, seeking divorce under Section 13-B. The Settlement Agreement also refer to the pending proceedings and it is agreed that all the proceedings shall be disposed of in the wake of the said Settlement. Similarly, there is also a clause in the Agreement as regards the return of personal belongings, utensils and jewellery and the Complainant before us has expressed her satisfaction over the consensus arrived at between the parties and she do not make any grievance that the same has not been abided by. 8.

In the wake of the affidavit filed by Respondent No.2 accompanied with the Mediation Settlement Agreement, since we find that the matrimonial discord between the parties is

5/5 910 WP-4926-24.odt amicably settled before the learned Mediator and the Respondent No.2 has accorded her no-objection for quashing of the subject F.I.R. and the consequent proceedings thereof, the Petition is allowed in the following terms.

: 0RDER :

1.

The Petition is made absolute.

2.

F.I.R. No.662 of 2024 registered with Kalwa Police Station, Thane is quashed and set aside.

3.

R.C.C.No.4059 of 2024 pending on the file of J.D., J.M.F.C., Thane also stands quashed.

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