Puneet Kishanlal Pahwa And ORS v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.5943 OF 2025

1. Puneet Kishanlal Pahwa ]

2. Kishanlal Pahwa ]

3. Smt. Asha Rani Pahwa @ Harjeet Kaur ]

4. Sahil Kishanlal Pahwa ]

5. Smt. Preeti Rani Vipul Dua ] .. Petitioners

Versus

1. The State of Maharashtra, ] Through Kharghar Police Station, Raigad ]

2. Tamanna Puneet Pahwa alias ] Tamanna Rakesh Mallick ] .. Respondents Mr. Rishikesh A. Mohite, Advocate for the Petitioners. Mr. S.V. Gavand, Additional Public Prosecutor for Respondent No.1-State of Maharashtra.

Mr. Anand Kumar, Advocate for Respondent No.2. CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE : 11TH DECEMBER 2025.

PER, GAUTAM A. ANKHAD, J.

The present writ petition is filed under section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 seeking following relief: "(B). The proceedings in the Criminal Case bearing number RCC No. 1205 of 2023, pending on the file of the Judicial Magistrate First Class, Panvel filed for the offences punishable under sections 498-A, 323, 504, 506 r/w 34 of the IPC arising out of FIR No.227/2023, of Kharghar Police Station, Panvel, and further proceedings in regards to the said case may kindly be quashed and set-aside." 2.

The marriage between the petitioner no.1 and the respondent no.2 was solemnised on 24th July 2021. Due to marital discord, differences arose between the parties. A First Information Report bearing C.R. No.227/2023 was lodged by the respondent no.2 at Kharghar police station, Raigad on 1st July 2023. 1/3

Subsequently, a charge-sheet bearing RCC No.1205/2023 was filed in the proceedings, before the Hon'ble Judicial Magistrate First Class, Panvel. The respondent no.2 also filed a Criminal Miscellaneous Application No.778 of 2023 under the provisions of Protection of Women from Domestic Violence Act, against the Petitioners before the Hon'ble Judicial Magistrate First Class. 3.

The parties have now amicably settled their disputes. The parties seek to dissolve their marriage by mutual consent and have filed an application under section 13B of the Hindu Marriage Act, 1955. The petition inter alia records that Rs.7 lakhs will be paid to the respondent no.2 as permanent alimony. 4.

The respondent no.2 has filed an affidavit dated 1st October 2025 which records that she has no objection to quashing of the criminal proceedings in view of the settlement reached between the parties. The petitioner has paid Rs.6 lakhs already to the respondent no.2. The parties are present in the Court and identified by their respective counsel. The parties have affixed their signatures and recorded their appearance in their own handwriting which shall form part of the proceedings. The parties have provided their aadhar cards on record. The present petition for quashing of the FIR and the chargesheet, and the subsequent proceedings thereto is allowed only due to the undertaking of the petitioner no.1 that the entire permanent alimony shall be paid to the respondent no.2. 5.

The Hon'ble Supreme Court in "B.S. Joshi v. State of Haryana" (2003) 4 SCC 675 held that the High Court can invoke its inherent power to quash criminal cases stemming from marital disputes, provided the court is satisfied that an amicable settlement has been reached, which serves the interests of justice. 2/3

The parties have settled their dispute and an affidavit has been tendered to that effect. In light of the same, Criminal Writ Petition No.5943 of 2025 is allowed in terms of prayer clause (B).

[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] Digitally signed by SNEHA ABHAY DIXIT Date:

2026.01.20 10:50:15 +0530 3/3 SNEHA ABHAY DIXIT