Alpesh Thakarshi Bhojani And ORS v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.5503 OF 2025
1. Alpesh Thakarshi Bhojani ]
2. Smt. Jasvanti Thakarshi Bhojani ]
3. Smt. Bharati Ashok Mansatta ]
4. Smt. Daksha Naresh Bhinde ]
5. Smt. Nita Ashwin Mansatta ]
6. Smt. Beena Ravindra Vithalani ] .. Petitioners
Versus
1. State of Maharashtra, ] Through Naya Nagar Police Station ] Mira-Bhayandar, Mira Road (E), Thane ]
2. Tejal Alpesh Bhojani ] .. Respondents Mr. Sagar Tambe with Mr. Shivram A. Gawade, Advocates for the Petitioners.
Ms. Ritika Rajeev, Advocate for Respondent No.2. All the Petitioners and Respondent No.2 are present in Court. CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.
DATE : 14TH NOVEMBER 2025.
PER, GAUTAM A. ANKHAD, J.
The present petition is filed under Article 226 of the Constitution of India and section 482 of the Code of Criminal Procedure 1973 seeking following prayer:
"(a) This Hon'ble Court by invoking its writ jurisdiction under Article 226 of the Constitution of India r/w. inherent powers under section 482 of Cr.P.C. may issue appropriate writ, order and/or direction and quash and set aside the impugned First Information Report dated 24.03.2023 registered with Naya Nagar Police Station, Mira-Bhayandar vide C.R. No.0172/2023, the subsequent charge-sheet in the case bearing R.C.C. No.2786/2025 and all proceedings arising therefrom against the petitioners."
2.
The marriage between the petitioner no.1 and the respondent no.2 was solemnised on 24th March 2012. An FIR was lodged at the instance of the respondent no.2 against the 1/2 918-WP-5503-2025.doc Dixit
petitioners at Naya Nagar Police Station, Thane on 24th March 2023.
3.
The petitioner no.1 and the respondent no.2 have decided to part their ways and have jointly filed a divorce petition by mutual consent before the learned Family Court at Thane. The petitioner no.1 and the respondent no.2 have filed consent terms dated 27th February 2025 in the said proceedings wherein it is inter alia agreed that the necessary steps would be taken to quash all pending criminal proceedings lodged at the instance of the respondent no.2. The respondent no.2 has filed an affidavit dated 3rd November 2025 in this writ petition stating that she has no objection to quashing of the FIR. The petitioner no.1 and the respondent no.2 are present in the court and identified by their respective counsel. The parties have put their signatures and recorded their appearances in their handwriting on blank piece of paper which forms part of the record. The parties have reconfirmed the consent terms dated 27th February 2025. 4.
It is well settled position of law, as held by the Hon'ble Supreme Court in "B.S. Joshi v. State of Haryana" (2003) 4 SCC 675 and "Rangappa Javoor v. State of Karnataka" 2023 SCC OnLine SC 1736, that in cases of offences relating to matrimonial disputes, if the Court is satisfied that the parties have genuinely settled the disputes, then for the purpose of securing ends of justice, criminal proceedings inter se parties can be quashed by this Court exercising its inherent powers. Considering the amicable settlement reached between the parties, the continuance of the criminal proceedings would be a futile exercise. Hence, Criminal Writ Petition No.5503 of 2025 is allowed in terms of prayer clause (a).
[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] Digitally signed by SNEHA ABHAY DIXIT Date:
2025.11.19 12:14:59 +0530 2/2 918-WP-5503-2025.doc Dixit SNEHA ABHAY DIXIT