Narendra Krishnarao Chirde And ORS v. State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3659 OF 2025

1. Narendra Krishnarao Chirde ]

2. Sumati Krishnarao Chirde ]

3. Sharda Sushil Kahat ]

4. Kirti @ Smita Jitendra Aswar ] .. Petitioners

Versus

1. State of Maharashtra ]

2. Wakad Police Station, Pune ]

3. Neha Narendra Chirde ] .. Respondents Mr. U.P. Raghuwanshi, Advocate for the Petitioners. Mr. J.P. Yagnik, Additional Public Prosecutor for Respondent No.1. Smt. Saloni Dhawale with Mr. Yash Tated, Advocates for Respondent No.3.

CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE : 20TH NOVEMBER 2025.

PER, GAUTAM A. ANKHAD, J.

The present Writ Petition is filed under Article 226 of the Constitution of India and section 528 of the Bhartiya Nagarik Nyaya Sanhita, 2023 seeking following prayer: "(A)To quash and set aside the First Information Report dated 27/03/2019 bearing No.607 of 2019 registered at Police Station, Wakad, Pune along with charge-sheet dated 30/07/2019 filed before the Judicial Magistrate F.C. at Pimpri, Pune owing to which crime was registered and charge-sheet has been filed for the offence under sections 498A, 323, 504, 506 r/w. 34 of the Indian Penal Code, 1860."

2.

The marriage between the petitioner no.1 and the respondent no.3 was solemnised on 17th February 2018. The petitioner nos.2 to 4 are family members of the petitioner no.1. After the marriage, there was marital discord and differences arose 1/3

between the petitioner no.1 and the respondent no.3. The respondent no.3 approached the Ramdas Peth police station at Akola on 27th March 2019 to lodge a complaint against the petitioners, which was registered as Zero FIR. On 20th May 2019, the FIR was transferred to the Wakad Police Station, Pune and it was registered as FIR No.607 of 2019. Subsequently, charge-sheet was filed before the learned Judicial Magistrate First Class, Pune in the proceedings bearing RCC No.784 of 2019. The discharge application on preferred by the petitioners in the said proceedings is still pending today.

3.

The respondent no.3 had also initiated proceedings under Protection of Women from Domestic Violence Act, 2005 before the learned Judicial Magistrate First Class, Akola against the petitioners, which was partly allowed on on 7th December 2022. An appeal has been preferred against the said decision by the respondent no.3 which is currently pending before the Sessions Court, Akola. Further, the petitioner no.1 and the respondent no.3 have filed proceedings under section 13B of the Hindu Marriage Act, 1955 seeking divorce on mutual consent before the learned Family Court, Akola.

4.

The respondent no.3 has filed an affidavit dated 12th July 2025, which records that after conciliation between the parties, the disputes between them have been settled amicably. The parties have executed consent terms dated 20th November 2025, which are taken on record. It is stated in the consent terms that the respondent no.3 shall withdraw all civil or criminal litigation and that she has no intention to proceed with any further legal litigation in future. The parties are present in the Court today and identified by their respective counsel. The parties have affixed their signatures and recorded their appearance in their own 2/3

handwriting which shall form part of the proceedings. The copies of their Aadhaar cards have also been tendered. 5.

The Hon'ble Supreme Court, in the cases of "B.S. Joshi v. State of Haryana" (2003) 4 SCC 675 and "Rangappa Javoor v. State of Karnataka" 2023 SCC OnLine SC 1736 has established that criminal proceedings arising from matrimonial disputes may be quashed by the High Court under its inherent powers if the parties have reached an amicable settlement. Continuing these proceedings in such a scenario is considered a futile exercise and against the ends of justice. In such circumstances, Writ Petition No.3659 of 2025 is allowed in terms of prayer clause (A). [ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] Digitally signed by SNEHA ABHAY DIXIT Date:

2025.11.27 18:20:09 +0530 3/3 SNEHA ABHAY DIXIT