Abhilasha Jitendra Khubani And ORS v. State Of Maharashtra And ANR

HEMANT CHANDERSEN SHIV H.C. SHIV 29.w4942.25.doc HEMANT CHANDERSEN SHIV Date: 2025.09.26 15:57:55 +0300

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4942 OF 2025 Abhilasha Jitendra Khubani & Ors.

... Petitioners Vs.

The State of Maharashtra & Ors.

... Respondents ------ Mr. Mukesh Y. Dongarge for the Petitioners.

Ms. Dhanalaxmi Krishaiyer APP for the Respondent No.1-State. Mr. Yuvraj D. Patil for the Respondent No.2.

Mr. Ratna Savant Chaudhari, API, Hinjewadi police station present. ------ CORAM : SARANG V. KOTWAL & SHYAM C. CHANDAK, JJ.

DATED : 24th SEPTEMBER, 2025 P.C. :- 1) This is Petition for quashing of the FIR registered vide C.R. No.483 of 2025 registered at Hinjewadi police station on 25th July, 2025 under Sections 74, 118(1), 115(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023. The FIR is lodged by the Respondent No.2. The Petitioner No.1 is his daughter-in-law, the Petitioner No.2 is the sister and the Petitioner No.3 is the mother of the Petitioner No.1. The Petitioner No.4 is husband of the Petitioner No.2.

2) The allegations in the FIR are that the Respondent No.2's son got married with the Petitioner No.1 in the year 2020. It was a love marriage. It was performed without the approval of the Respondent No.2 1/3

H.C. SHIV 29.w4942.25.doc and his wife. The incident took place on 12th July, 2025. The informant, his wife and his son (husband of the Petitioner No.1) were going to Wakad to bring medicines left at their house. Their vehicle was intercepted by the Petitioners between 11.45 pm to 11.50 pm. There are allegations that the Petitioner No.4 started assaulting the Respondent No.2's wife with an iron rod. The Respondent No.2 and his wife were abused. On these allegations the FIR is lodged.

3) The parties are closely related. The informant-Respondent No.2 is 86 years of age. The Respondent No.2 and his son are present in the Court. Even the Petitioner No.1 is present in the Court. The Respondent No.2 has tendered an affidavit dated 24th September, 2025 in the Court giving his consent to quash and set aside the aforesaid FIR. The Respondent No.2's son stated before the Court that he and Petitioner No.1 have a small child and for the sake of the child, all of them have decided to come together, forgetting the past. At present, the Respondent No.2's son is residing with the Petitioner No.1 and their child. He is also looking after his parents i.e. the Respondent No.2 and his wife. All of them earnestly pleaded before the Court that the Petition be allowed mainly for the sake of the child so that he grows in a proper loving family background. 4) The parties are identified by their respective Counsel. The learned A.P.P. produced the investigation papers before the Court. The Investigating Officer is also present in the Court. She informed the Court 2/3

H.C. SHIV 29.w4942.25.doc that the Respondent No.2's wife has not suffered any injuries worth mentioning. It was a minor incident.

5) Considering this situation, we are inclined to allow this Petition in the interest of justice and particularly in the interest of the child. Hence, the following order :- (i) The FIR bearing No.483 of 2025 registered with Hinjewadi police station, Pimpri Chinchwad, Pune under Sections 74, 118(1), 115(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 is quashed and set aside.

(ii) Writ Petition is disposed of accordingly.

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