Vikas Vilas Chavan And ORS v. The State Of Maharashtra And ANR

2025:BHC-AS:28370-DB DDR 18. WP 2826-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2826 OF 2025 1.

Mr. Vikas Vilas Chavan ) 2.

Mr. Vilas Devu Chavan ) 3.

Mr. Prashant Vilas Chavan ) 4.

Ms. Ashvini Vilas Chavan ) 5.

Mrs. Swati Vilas Chavan ) ..Petitioners Vs.

1.

The State Of Maharashtra ) 2.

Mrs. Anita Vikas Chavan ) ..Respondents _______________________________ Mr. Mukesh Kumar S. Mishra for Petitioners.

Mr. Vinod Chate, APP for Respondent No.1-State. Mr. Ankit V. Pandey for Respondent No.2.

Mr. Ajinath Funde, PSI, Bandra Police Station, Mumbai. _______________________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 30th JUNE, 2025.

P.C.:- 1.

Husband and in-laws of Respondent No.2 have filed present Petition under Article 226 of Constitution of India for quashing of C. C. No. 1201357/PW/2019 pending on the file of Judicial Magistrate First Class (Court No.12), Bandra, Mumbai, arising out of C. R. No. 172/2018 dated 15th March 2018, registered with Bandra (West) Police Station, Mumbai, under Sections 498-A, 406, 312, 504, 323 and 34 of the Indian Penal Code, 1/3

DDR 18. WP 2826-25.doc with the consent of Respondent No.2, the informant. 2.

Learned Advocate for Respondent No.2 submitted that, the Petitioners and Respondent No.2 have settled their disputes and differences amicably and the Respondent No.2 has filed her Affidavit dated 6th May 2025, duly affirmed before a Notary Public. In Paragraph No.4 thereof, it is stated that, Respondent No.2 and the Petitioner No.1 have agreed to dissolve her marriage with Petitioner No.1 by mutual consent and has filed Divorce Petition No.A-101291/2019 in the Family Court, Bandra, Mumbai. In Paragraph No.7 thereof, Respondent No.2 has stated that, she is executing present Affidavit at her own free will, without any coercion, threat or undue influence from any person, including the Petitioners or their family members. Respondent No.2 has given her unconditional consent for quashing of the present crime.

2.1 Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of the Affidavit dated 6th May 2025 and her 'No Objection' for quashing the crime in question. 3.

Learned Advocate for the Petitioners, on instructions submitted that, even if this Petition is allowed, and the crime in question is quashed, the Petitioner No.1 (Vikas Vilas Chavan) is lawfully duty bound to comply with the terms and conditions of the Consent Terms dated 15th April 2025, filed in Domestic Violence Case No.900245/2018 and will comply with each and every term thereof without any protest or demur. The said 2/3

DDR 18. WP 2826-25.doc statement is accepted as an undertaking to this Court. 4.

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

(RAJESH S. PATIL, J.) (A.S. GADKARI, J.) 3/3 Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 11/07/2025 15:54:04