Keshav Harishankar Sharma And ORS v. The State Of Maharashtra And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.6055 OF 2025
1. Keshav Harishankar Sharma ]
2. Harishankar Kishorilal Sharma ]
3. Anu Harishankar Sharma ]
4. Shivprasad Chhaju Lal Rangjika ] .. Petitioners
Versus
1. The State of Maharashtra, ] Through office of Govt. Pleader ]
2. Radha @ Anuradha Keshav Sharma @ ] Radha D/o. Ramgopal Gaur ] .. Respondents Mr. R.R. Mishra with Ms. Gulab Chand Vishwakarma, Advocates for the Petitioners.
Mr. J.P. Yagnik, Additional Public Prosecutor for Respondent No.1-State of Maharashtra.
Mr. Surondra Yadav, Advocate for Respondent No.2. CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.
DATE : 19TH DECEMBER 2025.
PER, GAUTAM A. ANKHAD, J.
The present Writ Petition is filed under Article 226 & 227 of the Constitution of India and section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 seeking following relief: "(a). That by an appropriate order and direction of this Hon'ble Court, the F.I.R. No.179 of 2022 registered at Achole Police Station for the offence u/s. 498(A), 406, 504, 506, 34 of Indian Penal Code, 1860 and charge-sheet bearing no.R.C.C. 1796/2022 be quashed and set aside accordingly pending in Judicial Magistrate First Class Court at Vasai, Dist. Palghar, Maharashtra."
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2.
The marriage between the petitioner no.1 and the respondent no.2 was solemnised on 7th December 2020 at Balaji Banquet Hall, New Link Road, Nallasopara (East), District - Palghar - 401209. The petitioner nos.2 to 4 are the family members of the petitioner no.1. Due to marital discord, differences arose between the parties and a First Information Report bearing No.179 of 2022 was registered at the instance of the respondent no.2 at the Achole Police Station on 20th April 2022. Subsequently, a charge-sheet bearing R.C.C No.1796 of 2022 was filed before the learned J.M.F.C. at Vasai, District-Palghar against the petitioners. The respondent no.2 had further initiated proceedings bearing No.286/DV/2024 before the J.M.F.C. Court, Vasai, DistrictPalghar, Maharashtra under the provisions of the Protection of Women from Domestic Violence Act, 2005 ("DV Proceedings"). 3.
The parties have now amicably settled disputes amongst them. The petitioner no.1 and the respondent no.2 have executed consent terms dated 15th October 2025 in the proceedings bearing No.286/DV/2024 before the J.M.F.C. Court, Vasai, DistrictPalghar, Maharashtra. The consent terms record that the parties seek to dissolve their marriage by mutual consent and that they have no further grievance towards each other. The consent terms records the full and final settlement of Rs.15,00,000/- towards permanent alimony/maintenance.
4.
The respondent no.2 has filed an affidavit dated 22nd November 2025 which records that the respondent no.2 has no objection to quashing of the criminal proceedings in view of the settlement reached between the parties and as Rs.5,00,000/- is already received by the respondent no.2. The petitioner no.1 and the respondent no.2 are present in the Court and identified by 2/3
their respective counsel. The petitioner no.1 and the respondent no.2 have affixed their signatures and recorded their appearance in their own handwriting which shall form part of the proceedings. The present petition for quashing of the FIR and the subsequent proceedings thereto is allowed as Mr. Mishra tenders a copy of the Demand Draft of Rs.10,00,000/- which is the balance payment under the consent terms. The same is endorsed and acknowledged by the respondent no.2 and shall form part of the records. 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. The parties have settled their dispute. Payments towards maintenance have been made. In light of the same, Criminal Writ Petition No.6055 of 2025 is allowed in terms of prayer clause (a) and the FIR No.179 of 2022, charge-sheet bearing no.R.C.C. 1796/2022 and all consequential proceedings stand quashed and set aside.
[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] SNEHA ABHAY DIXIT SNEHA ABHAY DIXIT Date: 2025.12.25 17:20:00 +0530 3/3