Sandeep Patilbuva Mate And ORS v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4758 OF 2025 Sandeep Patilbuva Mate & Ors.

.... Petitioners versus The State of Maharashtra & Anr.

.... Respondents .......

• Mr. Chaitanya Mulawkar, Advocate for Petitioners. • Ms. Dhanalaxmi Krishnaiyar, APP for the State/Respondent. • Mr. Tukaram Shendge, Advocate for Respondent No.2.

CORAM

: SARANG V. KOTWAL & SHYAM C. CHANDAK, JJ.

DATE : 20th SEPTEMBER, 2025 P.C. :

1.

This present Petition is seeking the quashing and setting aside the FIR C.R.No.153/2025 registered with Nanded City police station, Pune, for the offences punishable u/s 85, 131, 351(2), 351(3), 352 of the Bharatiya Nyaya Sanhita, 2023 filed against the Petitioner by the Respondent No.2. 2.

Heard Mr. Chaitanya Mulawkar, learned Counsel for the Petitioners, Mr. Tukaram Shendge, learned counsel for the Digitally signed by MANUSHREE NESARIKAR Date:

2025.09.23 11:15:58 +0530 Respondent No.2 and Ms. Dhanalaxmi Krishnaiyar, learned APP MANUSHREE NESARIKAR for the State.

Nesarikar

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They submitted that the matter is amicably settled between the parties. Now pursuant to the settlement the Respondent No.2 has no objection to quash and set aside the said FIR. Learned counsel for the Respondent No.2 tendered the affidavit duly affirmed by the Respondent No.2, thereby giving her no objection to quash and set aside the FIR. The affidavit is taken on record and marked 'X' for identification. 4.

Since the Respondent No.2 has agreed for quashing and setting aside of the FIR, it is not necessary to state the allegations levelled in the FIR in detail. Briefly, the FIR states that the the Petitioner No.1 and the Respondent No.2 got married on 01/03/2009. After the marriage, the Respondent No.2 went to reside with the Petitioners' family. However, she was subjected to mental and physical cruelty as according to her, the Respondent No.2's family had not spent enough during the marriage. The Petitioners were not given due respects, nor sufficient articles were given in the marriage. Therefore, the Respondent No.2 filed a report at Haveli police station and

3 / 4 offence was registered vide C.R.No.88/2015 u/s 498-A of the Indian Penal Code. However, thereafter there was mediation and the matter was settled between the parties. Thereafter the Respondent No.2 resumed cohabitation with the Petitioner No.1. But again she was subjected to cruelty. The Petitioners were taunting her on account of giving less dowry and were abusing and beating her. On 14/07/2025, the Petitioner No.1 abused the Respondent No.2 only because she was late in serving the dinner. Therefore, the Respondent No.2 filed the FIR and the present offence came to be registered.

5.

However, again the Petitioner No.1 and the Respondent No.2 agreed to settle their dispute. The affidvait filed by the Respondent No.2 clearly states that after filing the aforesaid FIR again they have settled their dispute through mediation. She has no grievance against the Petitioners. Their relations are good and they want to maintain their good relations in the future. Therefore, she has no objection to quash and set aside the said FIR.

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The Respondent No.2 who is present in the Court is identified by her learned counsel. She reiterates the contents in the affidavit.

7.

In view thereof, we do not see any reason not to quash and set aside the said FIR. Continuation of FIR would not serve any purpose. Therefore, we are inclined to allow this Petition. 8.

Hence, the following order :

O R D E R

(i) The Petition is allowed.

(ii) The FIR vide C.R.No.153/2025 registered with Nanded City police station, Pune and the further proceedings arising out of the said FIR, are quashed and set aside.

(iii) The Petition is disposed of.

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