Akshay Satish Suryawanshi v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.6049 OF 2025
1. Akshay Satish Suryawanshi ]
2. Trishla Satish Suryawanshi ]
3. Satish Suryawanshi ]
4. Aakash Satish Suryawanshi ] .. Petitioners
Versus
1. State of Maharashtra, ] Through Hinjewadi Police Station, Pune ]
2. Shivani Nagpalsingh Chauhan ] .. Respondents Mr. Abhay Dhadiwal with Ms. Parita Mashnuwala, Advocates, i/by Jayakar & Partners, for the Petitioners.
Mrs. Mahalaxmi Ganapathy, Additional Public Prosecutor for Respondent No.1-State of Maharashtra.
Ms. Gargi Warunjikar, Advocate for Respondent No.2. CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.
DATE : 19TH DECEMBER 2025.
[ THROUGH HYBRID HEARING ] 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 quashing of First Information Report No.32 of 2025 and subsequent charge-sheet dated 28th August 2025 filed in R.C.C. No.2822 of 2025 pending before the learned Judicial Magistrate First Class, Paud. 2.
The marriage between the petitioner no.1 and the respondent no.2 was solemnised on 19th June 2021. The petitioner nos.2 to 4 are the family members of the petitioner no.1. On 17th January 2025, a First Information Report was lodged at the 1/3
instance of the respondent no.2 with Hinjewadi Police Station for offences punishable under sections 498A, 354A, 323, 504, 506 and 34 of the Indian Penal Code, 1860. A charge-sheet is filed and R.C.C. No.2822 of 2025 is currently pending before the learned Judicial Magistrate First Class, Paud. The respondent no.2 has also initiated the proceedings under Protection of Women from Domestic Violence Act, 2005 against the petitioners. The petitioners have been granted Anticipatory Bail by the learned Sessions Court, Pune by an order dated 17th May 2025. 3.
The parties have now settled the dispute between them amicably with the intervention of well-wishers and legal advisors. The petitioner no.1 and the respondent no.2 have jointly filed Consent Terms before the Judicial Magistrate First Class, Pune recording their settlement. Consequently, the proceedings under Protection of Women from Domestic Violence Act, 2005 have been withdrawn by an order dated 7th November 2025. The parties have jointly filed an Application seeking divorce by mutual consent under section 13(1) of the Hindu Marriage Act, 1955 before the learned Civil Judge Senior Division, Pune.
4.
The petitioner no.1 and the respondent no.2 are appearing through virtual mode and they are identified by their respective counsel. Ms. Warunjikar, the learned advocate for the respondent no.2 tenders an affidavit dated 18th December 2025 across the bar which records the consent terms between the parties including the settlement and the payment schedule with respect to permanent alimony. The present petition for quashing of the FIR and the subsequent proceedings thereto is allowed only due to the undertakings of the petitioners that entire settlement amount shall be paid to the respondent no.2.
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5.
The Hon'ble Supreme Court, in "Rangappa Javoor v. State of Karnataka" (2023 SCC OnLine SC 1736), re-affirmed the wellsettled position that the High Court may use its inherent powers to quash criminal proceedings arising from matrimonial disputes, provided it is satisfied that the parties have reached an amicable settlement, thereby securing the ends of justice. In light of the same, Writ Petition No.6049 of 2025 is allowed in terms of prayer clause (a) and (b) which read as follows: "(a). That this Hon'ble Court be pleased to issue a writ of certiorari or any other writ, order or direction in the nature of certiorari and call for the records pertaining to FIR No.0032 of 2025 registered with the Hinjewadi Police Station, Pune (the respondent no.1 herein) and proceedings arising from it as RCC No.2822 of 2025 pending before Ld.
Civil and Criminal Court, Paud and to quash and set aside the same on the terms and conditions as this Hon'ble Court may deem fit; (b) That this Hon'ble Court be pleased to quash and set aside the FIR No.0032 of 2025 registered with the Hinjewadi Police Station, Pune (the respondent no.1 herein) and proceedings arising from it as R.C.C. No.2822 of 2025 pending before Ld. Civil and Criminal Court, Paud on the terms and conditions as this Hon'ble Court may deem fit."
[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] SNEHA ABHAY DIXIT by SNEHA ABHAY DIXIT Date: 2025.12.25 17:20:27 +0530 3/3