Mamta Chandrasen Chauhan And ORS v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2397 OF 2025 Mamta Chandrasen Chauhan and Ors.

.... Petitioners V/s The State of Maharashtra and Anr.

.... Respondents Mr. Vedchetan Patil a/w Ms. Delzeen Dastoor & Parth Munde for the petitioner.

Ms. Mamta C. Chauhan - Petitioner No.1 present through VC. Ms. Anie S. Nisar - Petitioner No.2 present in Court. Ms. Minakshi S. Nisar - Petitioner No.3 present in Court. Ms. G. P. Mulekar, APP for the Respondent No.1. Mr. Rahul Kedar a/w Ms. Sunaya Kashid for the respondent no.2. Ms. Rekha S. Mishra - Respondent No.2 present in Court. CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE : 29TH SEPTEMBER 2025.

Per, Gautam A. Ankhad, J.

The present Writ Petition is filed under Article 226 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing, by consent, of the FIR No. 0143 of 2024 registered with the Achole Police Station under sections 34, 323, 452, 504 and 506 of the Indian Penal Code, 1860. 2.

The FIR was registered at the instance of the respondent no.2 (the original complainant) against the petitioner. The FIR pertained to certain misunderstandings between the petitioner and the respondent no.2. Subsequently, the differences and misunderstanding between the petitioner and the respondent no.2 has been amicably resolved.

3.

The respondent no.2 has filed an affidavit dated 02nd May 1/2 WP-2397-2025.doc Dixit

2025 recording his no objection to the quashing of the FIR and any proceedings arising therefrom.

4.

It is settled law that the Court is empowered to quash the criminal proceedings to prevent the abuse of process of law, particularly, when the complainant no longer supports the complaint. Therefore, continuation of the criminal proceedings would serve no fruitful purpose. In view of the above, Writ Petition No.2397 of 2025 is allowed in terms of prayer clause (b), which reads as under:- "(b) That this Hon'ble Court may be pleased to quash and set aside the FIR being CR. No. 0143 of 2024 under sections 34, 323, 452, 504 and 506 of the Indian Penal Code, 1860 registered at Achole Police Station, against the Petitioner." [ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] 2/2 by SNEHA ABHAY DIXIT Date:

2025.10.08 12:43:21 +0530 WP-2397-2025.doc Dixit SNEHA ABHAY DIXIT