Sandeep Shankar Kasar And ORS v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1266 OF 2025 Mr.Sandeep Shankar Kasar and others.

... Petitioner.

Vs.

The State of Maharashtra and another.

... Respondents _______________________________ Ms.Ruchika Arun Ghag with Rashi R. Maknikar for the Petitioner. Mr.Amit A. Palkar, APP for the Respondent-State. Ms.Anushka Nair for Respondent No.2.

_______________________________ SANJAY KASHINATH NANOSKAR

CORAM

: RANJITSINHA RAJA BHONSALE , J.

DATED : 29th JANUARY, 2026.

SANJAY KASHINATH NANOSKAR Date: 2026.02.05 14:38:53 +0530 P. C. :- 1.

The Petitioner, accused in Chargesheet No.PW/400104/2023 pending on the file of learned Judicial Magistrate First Class (4th Court), Girgaum, Mumbai, arising out of C.R. No.430 of 2023 dated 16th October 2023 registered with Tardeo Police Station, Mumbai under sections 498-A, 406, 323, 504 and 506 read with section 34 of the Indian Penal Code, 1860 has invoked jurisdiction of this Court under Article 226 of the Constitution of India and section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of the aforesaid crime, with the consent of Respondent No.2 the informant.

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2.

Ms.Ghag, learned Advocate appearing for the Petitioners submits that the Petitioner No.1 and Respondent No.2 who are husband and wife have settled disputes and differences between them and since June 2024 they both are residing together and have no grievance against each other. Therefore, the Petitioners have, filed this Petition for quashing of the aforesaid crime and proceedings arising therefrom with the consent of Respondent No.2. That, Respondent No.2 has also given her consent for quashing of the crime in question. He therefore prayed that the said crime may be quashed with the consent of Respondent No.2. 3.

Ms.Nair, learned Advocate appearing for Respondent No.2 conceded the fact that disputes and differences between the parties have been amicably settled and that Petitioner No.1 and Respondent No.2 have started living together along with their son since June 2024. She stated that Respondent No.2 has filed Consent Affidavit to that effect on 23rd January 2026 duly affirmed before the Notary Public giving her consent for quashing of the crime in question and the proceedings arising therefrom. In the Consent Affidavit, Respondent No.2 has stated that all disputes and differences between the parties have been settled. That, Petitioner No.1 and Respondent No.2 have not initiated any divorce proceedings and are still legally married. That, they are residing together since June 2024 along with their son and have no grievance against each 2/3

other. In para-4 of the said Affidavit, Respondent No.2 has given her 'no objection' and consent for quashing of the said crime and proceedings arising therefrom. She has stated that she has filed this Affidavit out of her free will and consent.

4.

Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 23rd January 2026 and her 'no objection' for quashing of the crime in question and proceedings arising therefrom.

5.

In view of the above, I am inclined to quash criminal proceedings being Chargesheet No.PW/400104/PW/2023 pending on the file of learned Judicial Magistrate First Class (4th Court), Girgaum, Mumbai, arising out of C.R. No.430 of 2023 dated 23rd July 2023 registered with Tardeo Police Station, Mumbai under sections 498-A, 406, 323, 504 and 506 read with section 34 of the Indian Penal Code, 1860. 6.

In view of the above, Petition is allowed in terms of prayer clause (a).

(RANJITSINHA RAJA BHONSALE, J.) 3/3