Naresh Shankarlal Kanaya And ORS v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by GAYATRI RAJENDRA SHIMPI Date:

2026.01.28 19:24:11 +0530 GAYATRI RAJENDRA SHIMPI CRIMINAL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 351 OF 2026 Ajay Naresh Kanaya ... Petitioner V/s.

The State of Maharashtra & Anr.

... Respondents WITH WRIT PETITION NO. 6372 OF 2025 Naresh Shankarlal Kanaya & Ors.

... Petitioners V/s.

The State of Maharashtra & Anr.

... Respondents ----- Mr. Hitesh Phulwani a/w Mr. Amit Singh, Advocates for Petitioners in Writ Petition (ST) No. 351 of 2026.

Mr. Ritesh Rizwan, Advocate for Petitioner in WP (ST) No. 351 of 2026.

Mr. Shubham Chavan, Advocate for Respondent No. 2. Mr. Kiran Shinde, APP for Respondent - State. Mr. N. B. Gaikwad - PSI, Shivaji Nagar, Police Station, Pune. --- CORAM :

ASHWIN D. BHOBE, J.

DATE :

21st JANUARY, 2026.

P.C. :

1.

Heard Mr. Hitesh Phulwani, learned Advocates for Petitioners in Writ Petition (ST) No. 351 of 2026, Mr. Ritesh Rizwan, learned Advocate for Petitioner in WP (ST) No. 351 of 2026, Mr. Shubham Chavan, learned Advocate for Respondent No. 2 in both the Petitions and Mr. Kiran Shinde, learned APP for Respondent No. 1 - State.

2.

Advocates appearing for the Petitioners and the Respondent No. 2 in these Petitions submit that both these Petitions filed by the Petitioners under Article 226 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 are challenging the FIR No. 205 of 2022 dated 22.06.2022 lodged by Respondent No. 2 with the Shivaji Nagar Police Station, for the offence punishable under Sections 498A, 354, 504 r/w 34 of I. P. C. and the charge-sheet bearing No. 1677 of 2022 arising out of the said FIR. They therefore request for taking up these Petitions together and disposing the same by a common order.

3.

Writ Petition (ST) No. 351 of 2026 is filed by the

husband of Respondent No. 2, whereas Writ Petition No. 6372 of 2025 is filed by the father-in-law of the Respondent No. 2, along with his his family members. At the request of the parties these Petitions are disposed of by a common order.

4.

Mr. Hitesh Phulwani, learned Advocate for the Petitioners in Writ Petition (ST) No. 351 of 2026 and Mr. Shubham Chavan, Advocate for Respondent No. 2 in both the Petitions, jointly submit that the parties to these Petitions have amicably resolved their dispute arising out of matrimonial differences, as such the Respondent No. 2 has no objection for quashing the criminal proceedings. They submit that charge-sheet bearing No. 1677 of 2022 is now registered as R.C.C. No. 4421 of 2025 and is pending before the Court at Ambernath (East), Dist. Thane. 5.

Mr. Shubham Chavan, Advocate for Respondent No. 2, tenders the No objection affidavit dated 19th January, 2026 in Writ Petition No. 6372 of 2025 and No objection affidavit dated 21st January, 2026 in Writ Petition (st) No. 351 of 2026 both affirmed by the Respondent No. 2 before Notary Mr. Pawan G. Rohra, which

are taken on record and marked 'X' and 'X-1', respectively, for identification.

6.

Respondent No. 2 (Smt. Maithili Ajay Kanaya @ Sneha Lakhan Bhojwani in the presence of the Advocates for the parties, states that affidavits marked as 'X' and 'X-1' are filed by her out of her own free will and without any pressure or coercion from any person. She states that the contents of the said two affidavits 'X' and 'X-1' are as per her say and she reiterates her no objection for quashing the criminal proceedings against the Petitioners. 7.

Mr. Kiran Shinde, learned APP for the State, submits that the impugned FIR can be quashed in view of the statements made by the Respondent No. 2 today and her statements in the two affidavits 'X' and 'X-1'.

8.

Considering the aforesaid circumstances, the nature of dispute and the statements made by Respondent No. 2 in the affidavit 'X' and 'X-1', no purpose would be served in continuing with the criminal proceedings and therefore the relief sought in these Petitions can be granted.

9.

Both the Writ Petitions are allowed. Consequently, the impugned FIR No. 205 of 2022 and charge-sheet bearing No. 1677 of 2022 (R.C.C. No. 4421 of 2025 pending before the Court at Ambernath (East), Dist. Thane) are quashed.

10.

Writ Petition (ST) No. 351 of 2026 and Writ Petition No. 6372 of 2025 are allowed in the above terms. 11.

There shall be no order as to costs.

(ASHWIN D. BHOBE, J.)