Rajesh Asitesh Chattopadhyay And ORS v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1587 OF 2024 Rajesh Asitesh Chattopadhyay And Ors ... Applicants V/s.

The State of Maharashtra & Anr.

... Respondents __________ Mr. Pranay Shirthare i/b Raviraj Paramane, for the Applicant. Ms. Himani Parab o/b Jaideep Thakkar, for the Respondent No. 2. Mr. Kiran Shinde, APP for the State - Respondent. PSI. M. D. Shirke, Kharghar Police Station, Navi Mumbai, is present.

__________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

21st JANUARY, 2026.

P.C. :

1.

This Application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 is preferred for quashing the FIR bearing CR No. 248/2021 for offenses punishable under Sections 498/A, 323, 406, 504, 506 r/w 34 of Indian Penal Code, 1860 registered with Kharghar Police Station, Navi Mumbai and the Charge sheet bearing RCC No. 186 of 2022 arising out of the said FIR.

2.

Mr. Raviraj Paramane, learned Advocate for the Applicant states that the Applicant and the Respondent No. 2 have resolved their differences.

3.

Respondent No. 2 is present along with her Advocate Ms. Hemani Parab. Ms. Hemani Parab, states that the dispute between the Applicant No. 1 (Husband) and Respondent No. 2 (Wife) is amicably resolved.

4.

Ms. Hemani Parab tenders the Affidavit dated 21st January, 2026 affirmed before notary Mrs. Alia N. Pathan, greater Mumbai. The same is taken on record and marked 'X' for identification. 5.

Respondent No. 2 (Debashree Rajesh Chattopadhyaya @ Debashree Pradipta Lahiri) states that the Affidavit (X) is filed by her out of her own free will and without any pressure from any person. She states that the contents of Para No. 1 to 10 of the Affidavit (X) are as per her say.

6.

Respondent No. 2 submits that she and the Applicant No. 1

(Rajesh Asitesh Chattopadhyay) have amicably resolved their matrimonial discord.

7.

Advocate Mr. Paramane and Ms. Parab, jointly submit that the Applicant and the Respondent No. 2 having amicably settled the dispute as stated by the Respondent No. 2 in her Affidavit (X), the criminal proceedings be quashed.

8.

Mr. Kiran Shinde, learned APP appearing for the State submits that the Applicant and the Respondent No. 2 having resolved their dispute as stated by the Respondent No. 2 in her Affidavit (X) and she having given no objection to quash the FIR, the criminal proceedings which are subject matter of this Application be quashed.

9.

Considering the aforesaid circumstances and the facts that the Respondent No. 2 has no objection for quashing the proceedings, the relief sought in this present Application can be granted.

10. Application is therefore allowed in terms of prayer clause (a),

consequently, the impugned FIR bearing No. 248 of 2021 and the Charge sheet bearing RCC No. 186 of 2022 are quashed.

11. Criminal Application No. 1587 of 2024 is allowed in the above said terms and disposed of with no order as to costs. (ASHWIN D. BHOBE, J.)