Sunil Devnarayan Singh And ORS v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 464 OF 2025 Sunil Devnarayan Singh And Ors.

...Petitioners

Versus

The State of Maharashtra And Anr.

...Respondents

__________ Mr. Hitesh V. Jain, learned Advocate for the Petitioners. Petitioner Nos. 1 & 4 to 6 are present in the Court. Petitioner Nos. 2, 3 & 7 are present through VC. Ms. Pallavi N. Dabholkar, learned A.P.P. for the State/Respondent. Ms. Ritu Srivastava, learned Advocate for Respondent No. 2. Ms. Beauty Sunil Singh, Respondent No. 2 is present in the Court. PSI Mr. Yogesh More attached to Navghar Police Station is present in the Court.

__________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

13th JANUARY 2026.

P.C. :

1.

Heard Mr. Hitesh Jain, learned Advocate for the Petitioners, Ms. Pallavi Dabholkar, learned A.P.P. for the State/Respondent and Ms. Ritu Srivastava, learned Advocate for Respondent No. 2. 2.

By the present Petition, Petitioners have sought for the following substantive relief :- "(a) That the FIR No. 294 of 2022 registered by the Navghar Police Station at the instance of Beauty Singh i.e. the Respondent No. 2 for the alleged offence committed u/sec. 498-A, 406, 323, 354 and 504 r/w section 34 of IPC and the Regular Criminal Complaint No. 2663 of 2022 pending before the file of 8th Court of the Ld. Jt. Civil Judge J.D. and JMFC, thane Registered pursuant to filing of Charge-sheet in FIR No. 294 of 2022 be quashed by this Hon'ble Court in exercise of its inherent power u/sec. 482 of code of criminal procedure code."

3.

Today, Petitioner Nos. 1 & 4 to 6 are present in the Court along with Mr. Hitesh Jain, learned Advocate for the Petitioners. Petitioner Nos. 2, 3 & 7 are appearing through Video Conference in terms of the liberty granted vide order dated 08.01.2026. Mr. Hitesh Jain, learned Advocate for the Petitioners has tendered photostat copies of Aadhar and Pan Cards duly certified by him of Petitioner Nos. 1 to 7. The same are taken on record and marked as "X Colly." for identification.

4.

Respondent No. 2 as well as Ms. Ritu Srivastava, learned Advocate for Respondent No. 2 do not dispute the identity of Petitioner Nos. 1 to 7.

5.

Ms. Ritu Srivastava, learned Advocate for Respondent No. 2 has tendered and Affidavit-cum-No Objection dated 08.01.2026 along with the copy of Identity Card of Respondent No. 2. The same are taken on record and marked as "X-1 Colly." for identification. Respondent No. 2 (Ms. Beauty Sunil Singh) states that the contents of paragraph nos. 1 to 11 of the Affidavit dated 08.01.2026 (document at X-1 Colly) are true and as per her say. She states that she has signed on each page of said Affidavit, which is marked at point "A". She states that the said Affidavit has been filed by her out of her own free will and without any pressure or coercion from any person. She states that she has resolved the issue amicably with the Petitioners and decided to separate from Petitioner No. 1. She states that the marriage between her and Petitioner No. 1 stands dissolved by a decree dated 24.03.2025, passed by the Civil Judge Senior Division Thane in Marriage Petition No. 198 of 2024. She submits that considering the

subsequent events and the matrimonial dispute being resolved, she does not intend to pursue/prosecute the criminal proceedings. 6.

Petitioner Nos. 1 & 4 to 6, who are present in the Court and Petitioner Nos. 2, 3 & 7, who are appearing through Video Conference state that the matrimonial dispute with Respondent No. 2 is resolved.

7.

Mr. Hitesh Jain, learned Advocate for the Petitioners and Ms. Ritu Srivastava, learned Advocate for Respondent No. 2 jointly submit that the matrimonial discord between Petitioner No. 1 and Respondent No. 2 is indeed settled and they have parted way. They tender a photostat copy of the judgment dated 24.03.2025 passed in Marriage Petition No. 198 of 2024. Same is taken on record and marked as "X-2" for identification. They further submit that the criminal proceedings filed by Respondent No. 2 against the Petitioners may not be continued and the same be quashed. 8.

Ms. Pallavi Dabholkar, learned A.P.P. for the State/Respondent submits that in view of the statements made today by Respondent No. 2 before this Court, her statements in the Affidavit dated 08.01.2026 at X-1 Colly. and the judgment at X-2, no purpose would be served by continuing with the criminal proceedings. She therefore submits that the impugned FIR and the charge-sheet, which according to Mr. Hitesh Jain, learned Advocate for the Petitioners, is registered as 9904 of 2025 and pending before the 2nd Court of learned Joint Civil Judge, Junior Division, MiraBhayander, be quashed. 9.

In the instant case, Petitioner No. 1 and Respondent No. 2

have separated pursuant to the dissolution of marriage by the Court of Law. Respondent No. 2 admits that she has no grievance against the Petitioners and that she has no intend to continue with the criminal proceedings.

10.

Considering the facts as placed before me, the settlement arrived between the parties, the statements made on oath by Respondent No. 2 (Affidavit at X-1 Colly.) and guided by the decision of the Hon'ble Supreme Court in the case of Parbatbhai Aahir Alias Parbatbhai Bhimsinbhai Karmur and Others Vs. State of Gujarat and Anr.1, I deem it fit and proper to exercise powers under Section 528 of the BNSS to quash the criminal proceedings. 11.

Petition is therefore allowed in terms of prayer clause (a). Consequently First Information Report No. 294 of 2022 dated 15.04.2022 registered with Navghar Police Station, District-MiraBhayander, Vasai-Virar and the charge-sheet, registered as Regular Criminal Complaint No. 9904 of 2025 pending before 2nd Court of learned Joint Civil Judge, Junior Division, Mira-Bhayander, are quashed. Criminal proceedings against the Petitioners arising out of the impugned FIR are closed.

12.

Writ Petition No. 464 of 2025 is disposed of. [ASHWIN D. BHOBE, J.] GITALAXMI KRISHNA KOTAWADEKAR GITALAXMI KRISHNA KOTAWADEKAR Date: 2026.01.20 14:35:18 +0530 (2017) 9 SCC 641.