Sheshrao Bharat Shelke v. State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.5213 OF 2025 Sheshrao Bharat Shelke .... Petitioner versus The State of Maharashtra & Ors.

.... Respondents WITH CRIMINAL WRIT PETITION NO.57 OF 2024 Bharat Dgdu Shelke & Ors.

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

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

• Ms. Neha Patil, Advocate for Petitioner in WP/5213/2025. • Ms. Neha Patil i/b. Mr. Omkar V. Patil, Advocate for Petitioners in WP/57/2024.

• Ms. Supriya Kak, APP for the State/Respondent in WP/5213/2025.

• Ms. Dhanalaxmi Krishnaiyar, APP for the State/Respondent in WP/57/2024.

• Mr. Durgesh Rege a/w Ms. Poorva Kamble, Advocate for Respondent No.3.

CORAM

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

DATE : 08th OCTOBER, 2025 P.C. :

Digitally signed by MANUSHREE NESARIKAR Date:

2025.10.10 16:32:30 +0530 1.

Both these Petitions are disposed of by this common MANUSHREE NESARIKAR order as they arise out of the same FIR i.e. C.R.No.37/2023 Nesarikar

2 / 5 dated 13/03/2023, registered with Malegoan Camp Police Station, Nashik Rural, u/s 498-A, 323, 504, 506 r/w 34 of the Indian Penal Code.

2.

Heard Ms. Neha Patil, learned Counsel for the Petitioners, Mr. Durgesh Rege, learned counsel for the Respondent No.3 and Ms. Supriya Kak and Ms. Dhanalaxmi Krishnaiyar, learned APPs for the State.

3.

Learned counsel for the Respondent No.3 is directed to file his Vakilpatra in the registry.

4.

The Petitioner in Criminal Writ Petition No.5213 of 2025 was the husband of the Respondent No.3 in both these Petitions, who is the first informant. In Criminal Writ Petition No.57 of 2024, the first two Petitioners are the parents of the husband. The Petitioner No.3 is his sister and the Petitioner No.4 is husband of the Petitioner No.3. The Petitioner No.5 is another sister of the husband and the Petitioner No.6 is husband of the Petitioner No.5. The parties have settled their dispute. Initially, Criminal Writ Petition No.57 of 2024 was filed on merits of the

3 / 5 matter. This Court had referred the parties for mediation. The mediation is successful and the parties have arrived at settlement. The Respondent No.3 has filed her affidavit in both these Petitions separately, giving her no objection for quashing of these proceedings.

5.

In view of the settlement between the parties, it is not necessary to refer to the allegations in detail. However, briefly stated, the informant got married with the Petitioner Sheshrao Shelke on 06/01/2012 at Malegaon. At the time of marriage, the Petitioner Sheshrao was working as Police Sub-Inspector. Today he is a Police Inspector. The FIR mentions various instances of ill-treatment meted out to the informant, after she started residing with the Petitioners. The husband's sisters were residing at some other place. Whenever they, with their husband, used to visit the informant's matrimonial house, all of them ill-treated her. The Petitioner used to pass humiliating remarks because she did not become pregnant. She came to know that the Petitioner Sheshrao had relationship with another woman. The FIR goes on to mention that intermittently the Respondent No.2 resided

4 / 5 with her parents by leaving her matrimonial house. They tried to reconcile. However, there was no improvement. On one occasion, she was driven out of her matrimonial house. On another occasion, the Petitioner Sheshrao had beaten and abused her. On these allegations, the FIR is lodged. 6.

Now the matter is completely settled between the parties. The Respondent No.2 has filed her affidavit. She has given her no objection for quashing of these proceedings. The affidavits are affirmed before the Assistant Registrar of this Court. Learned counsel appearing for the Respondent No.3 submitted that it is her genuine desire that the prosecution need not proceed further. There is reference in her affidavit to the amount of Rs.22 lakhs as full and final settlement. There is also reference that she had to transfer her room in the name of the Petitioner Sheshrao.

7.

Considering that the Respondent No.3 herself does not want to proceed with the prosecution and wants to lead her own separate independent life, we are inclined to allow this Petition in the interest of justice and in the interest of the parties.

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Hence, the following order :

O R D E R

(i) The FIR vide C.R.No.37/2023 dated 13/03/2023, registered with Malegoan Camp Police Station, Nashik Rural and the consequent proceedings arising out of the said FIR, are quashed and set aside.

(ii) The Petition is disposed of.

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