Chirag Balraj Sadhwani And ORS v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.6064 OF 2025
1. Chirag Balraj Sadhwani ]
2. Balraj Kishanlal Sadhwani ]
3. Hema Balraj Sadhwani ] .. Petitioners
Versus
1. State of Maharashtra ]
2. Reet Chirag Sadhwani ] .. Respondents Smt. Lalita P. Savekar, Advocate for the Petitioner. Mrs. Mahalaxmi Ganapathy, Additional Public Prosecutor for Respondent No.1-State of Maharashtra.
Smt. Padmashri K., Advocate for Respondent No.2. CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.
DATE : 25TH NOVEMBER 2025.
PER, GAUTAM A. ANKHAD, J.
The present Writ Petition, filed under Article 226 of the Constitution of India and section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023, seeks quashing of the FIR bearing C.R. No.279 of 2023 registered with the R.C.F. police station, Mumbai under offences punishable under sections 498A, 323, 504 read with 34 of the Indian Penal Code, 1860.
2.
The marriage between the petitioner no.1 and the respondent no.2 was solemnised on February 2017. Petitioner nos.2 and 3 are the parents of the petitioner no.1. Due to marital discord, the respondent no.2 left her matrimonial house in 2022. On 16th May 2023, the said FIR was registered on allegations of harassment and cruelty. Pursuant to the same, the charge-sheet 1/3
has been filed and PW No.1410 of 2023 is pending before the Judicial Magistrate First Class, Kurla. The respondent no.2 had initiated proceedings under the provisions of Protection of Women from Domestic Violence Act, 2005 before the learned Metropolitan Magistrate Court, Kurla. The petitioners have been granted bail by the learned Metropolitan Magistrate Court, Kurla by an order dated 14th July 2025.
3.
The petitioner no.1 and the respondent no.2 have now settled their disputes and have filed consent terms dated 28th June 2025. The consent terms (Exhibit "C" at page 169 of the paper-book) record that the parties have jointly filed a petition to dissolve their marriage by mutual consent before the learned Family Court at Bandra. A settlement with respect to maintenance and alimony has also been arrived at.
4.
Smt. Padmashri, the learned counsel for the respondent no.2, has tendered an affidavit dated 24th November 2025 across the bar which records that the respondent no.2 has no objection to quashing of the FIR. The affidavit is taken on record and is attached at appropriate place. 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 now form part of the record. 5.
The Hon'ble Supreme Court, in "B.S. Joshi v. State of Haryana" (2003) 4 SCC 675 affirmed that High Courts can exercise their inherent power to quash criminal proceedings arising from marital disputes if an amicable settlement has been reached and it serves the interests of justice. Considering the settlement, no fruitful purpose would be served by keeping the criminal proceedings pending. In light of the same, Writ Petition 2/3
No.6064 of 2025 is allowed in terms of prayer clause (a) which reads as under:
"a.
That this Hon'ble Court be pleased to quash and set aside F.I.R. dated 16/05/2023 bearing No.279 of 2023 and charge-sheet filed in Criminal Case No.PW/1410/2023 of RCF Police Station, Mumbai for offences u/s. 498A, 323, 504 r/w. 34 IPC against all the petitioners on such terms and conditions as this Hon'ble Court deem fit and proper." [ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] Digitally signed by SNEHA ABHAY DIXIT Date:
2025.11.29 10:23:09 +0530 3/3 SNEHA ABHAY DIXIT