Jitendra Tulsidas Vyas And ORS v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by GAYATRI RAJENDRA SHIMPI Date:

2026.01.28 19:24:09 +0530 GAYATRI RAJENDRA SHIMPI CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 5728 OF 2025 Jitendra Tulsidas Vyas And Ors.

... Petitioners V/s.

The State of Maharashtra & Anr.

... Respondents --- Mr. Mohd Saeed Moghal a/w Ms. Deepa Panicker & Mr. A. Shaikh, Advocate for the Petitioners.

Mr. Satyadadev Joshi a/w Mr. HridayKaria, Mr. Indrajeet M. & S. R. Yadav, Advocates for Respondent No. 2.

Ms. Pallavi Dabholkar, APP for Respondent - State. Mr. R. G. Gujar - PSI, Malad Police Station.

-- CORAM :

ASHWIN D. BHOBE, J.

DATE :

21st JANUARY, 2026.

P.C. :

1.

This Petition filed under Article 226 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), is preferred for quashing of the FIR bearing No. 63 of 2023 dated 31st January, 2023 registered with Malad Police Station, Mumbai against the Petitioners under Sections 498(A), 323, 406, 504, 506, 500, 509 & 34 of the IPC r/w

Section 67(a) of the Information Technology Act and charge-sheet bearing No. PW/1160 of 2024 pending before 24th J.M.F.C. Court at Borivali, Mumbai.

2.

Mr. Mohd Saeed Moghal, learned Advocate for the Petitioners and Mr. Satyadadev Joshi, Advocate for Respondent No. 2, jointly submit that the parties have amicably resolved their differences and the Respondent No. 2 has no objection for quashing the proceedings.

3.

Petitioners and Respondent No. 2 are present in Court and are identified by their respective Advocates. Parties submit that they have settled the matter and they shall abide by the settlement agreed between them. Respondent No.2 reiterates that she has no objection for quashing the proceedings. 4.

Mr. Satyadadev Joshi, Advocate for Respondent No. 2, tenders the affidavit dated 5th December, 2025 affirmed by the Respondent No. 2 before Notary Ms. Veena S. Yadav along with her photo identity card. Said affidavit dated 5th December, 2025, is

taken on record and marked 'X' for identification. Respondent No. 2 (Smt. Jaishree Jitendra Vyas) states that the affidavit "X' is filed out of her own free will and without any coercion or pressure from anyone. She states that the contents of the affidavit 'X' are as per her say.

5.

In view of the statements made by the Respondent No. 2 in the affidavit 'X', Ms. Pallavi Dabholkar, APP submits that the criminal proceedings which are subject matter of this Petition can be quashed.

6.

Considering the aforesaid circumstances, the nature of dispute, the statements made by Respondent No. 2 in her affidavit and before this Court today, that she has no objection to quashing of the criminal proceedings, the relief sought for in the present Petition can be granted.

7.

Writ Petition is allowed in terms of prayer clause (a). Consequently, the impugned FIR bearing No. 63 of 2023 registered with Malad Police Station and the charge-sheet bearing No. C.C.

PW/1160/2024 are quashed.

8.

There shall be no order as to costs.

(ASHWIN D. BHOBE, J.)