Tushar Vilas Lade v. The State Of Maharashtra And ANR

Digitally signed by WAKLE MANOJ JANARDHAN Date:

2025.09.19 17:17:39 +0530 Manoj 905-WP-4403-2025.doc WAKLE MANOJ JANARDHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4403 OF 2025 Mr. Tushar Vilas Lade

...Petitioner

Vs.

The State of Maharashtra & Anr.

...Respondents

------ Adv. Sharanya Vast, for the Petitioner.

Ms. Sangita Phad, APP for the Respondent No.1-State. Adv. Disha Deshmukh, for the Respondent No.2/Org. Complainant. Mr. Hemant Thole, API, Manpada Police Station, Thane is present. ------ CORAM : SARANG V. KOTWAL & SHYAM C. CHANDAK, JJ.

DATED : 17th SEPTEMBER, 2025 P.C. :- 1) This is a Petition for quashing of the proceedings pending before the learned J.M.F.C., Kalyan vide RCC No.169 of 2023 arising out of C.R. No.22 of 2023 registered with Manpada Police Station, Thane under Sections 323, 324, 504 of the I.P.C.

2) The F.I.R. is lodged by the Respondent No.2. She is the wife of the Petitioner. She has stated that they had two sons. She was residing with the Petitioner and their sons together at Dombivli. The F.I.R. is in respect of the incident dated 7th January, 2023. It is her case that on a petty issue, the Petitioner got angry and started abusing and beating her. He threw a 1/3

Manoj 905-WP-4403-2025.doc kitchen article at her. He beat her with the same near her left eye and other parts. She was taken to the hospital by the neighbours. On this basis, she had lodged this F.I.R.

3) The charge-sheet is already filed. The charge-sheet contains the medical certificate. It shows that there was left supra orbital bleeding, sharp cut on the left hand and a superficial cut on the palm. There were multiple superficial swelling and active bleeding on the left shoulder. 4) After all this, the parties have now settled their dispute. The Respondent No.2 has filed her Affidavit. She has stated in her Affidavit that she is residing with her husband and children since past two months. Then dispute is completely resolved. She insisted that the proceedings be quashed. She is present before the Court and she is identified by her learned Counsel. She reiterated the contents of her Affidavit. 5) We have seriously considered the background of the case.

We are of the opinion that specifically in the interest of the children of both the parties, the Petition needs to be allowed. Though there are injuries which are reflected in the medical certificate, none of the injuries was a grievous injury. In this situation, we are inclined to allow this Petition.

(i) The F.I.R. registered with Manpada Police Station, Thane vide C.R. No.22 of 2023 under Sections 323, 324, 504 of the 2/3

Manoj 905-WP-4403-2025.doc I.P.C., and further proceedings arising out of the same, are quashed and set aside.

6) Writ Petition is disposed of.

(SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.) 3/3