Pratik Hanumant Jamdade And ORS v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Digitally signed by SNEHA ABHAY DIXIT Date:
2025.11.24 11:40:02 +0530 SNEHA ABHAY DIXIT CRIMINAL WRIT PETITION NO.5685 OF 2025
1. Pratik Hanumant Jamdade ]
2. Hanumant Mhasku Jamdade ]
3. Dhanashree Hanumant Jamdade ]
4. Bhushan Hanumant Jamdade ] .. Petitioners
Versus
1. The State of Maharashtra, ] Through Hadapsar Police Station, Pune ]
2. Pratiksha Pratik Jamdade alias ] Pratiksha Kiran Dangare ] .. Respondents Smt. Priyanka Dable with Smt. Pramila Sathe, Ms. Ruhika Sawant, Mr. Bhushan Ahire, Advocates for the Petitioners. Mrs. Pratiksha P. Jamdade alias Ms. Pratiksha K. Dangare, Advocates for Respondent No.2.
Mrs. M.M. Deshmukh, In-Charge Public Prosecutor, with Mr. S.V. Gavand, Additional Public Prosecutor for Respondent No.1. CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.
DATE : 18TH NOVEMBER 2025.
PER, GAUTAM A. ANKHAD, J.
The present Writ Petition is filed under Article 226 of the Constitution of India and Section 528 of the Bhartiya Nagarik Suraksha Sanhita 2023 seeking the following prayer: "A.
That this Hon'ble Court be pleased to quash F.I.R. No.1532/2024 registered with Hadapsar Police Station, Pune under sections 323, 34, 354, 498-A, 504, 506, 316 of the Indian Penal Code, 1860 against the petitioners herein." 2.
The marriage between the petitioner no.1 and the respondent no.2 was solemnised on 11th June 2023. Shortly thereafter, there were disputes due to incompatibility in their marital life. On 1st October 2024, an FIR bearing CR No.1532 of 1/2 29-WP-5685-2025.doc Dixit
2024 was registered with the Hadapsar Police Station, Pune at the instance of the respondent no.2 against the petitioner no. 1 and his family members, petitioner nos.2 to 4.
3.
The petitioner no.1 and the respondent no.2 have filed a petition for divorce by mutual consent on 6th October 2025 before the learned Family Court, Pune. In the said proceedings, the petitioner no.1 and the respondent no.2 have filed affidavits, both dated 6th October 2025, which record the parties have arrived at a settlement towards maintenance and that the respondent no.2 has agreed to withdraw the proceedings initiated by her. The contents of the affidavit are reiterated by Mrs Jamdade and it is submitted that the respondent no.2 has no objection to quashing of the FIR. Both parties are present in the court and identified by their respective counsels. Parties have tendered their handwritten appearance which is taken on record and the same shall form part of the present proceedings.
4.
The Hon'ble Supreme Court in "Jitendra Raghuvanshi v. Babita Raghuwanshi" (2013) 4 SCC 58 has held that if the parties have resolved to settle their matrimonial dispute, the Court should give an end to the criminal proceedings. It is the duty of the Court to encourage genuine settlement in matrimonial dispute particularly when parties have resolved their entire dispute among themselves. The parties have settled their dispute and it is also on record that part-payment has been made towards the maintenance settlement. Considering the same, the continuance of the criminal proceedings will not serve any fruitful purpose. Writ Petition No.5685 of 2025 is allowed in terms of prayer clause (A).
[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] 2/2 29-WP-5685-2025.doc Dixit