Sagar Chadrakant Shinde ORS v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.6695 OF 2025

1. Sagar Chandrakant Shinde

2. Chandrakant Kodiram Shinde

3. Kanchan Sandeep Jadhav

...Petitioners.

V/s

1. The State of Maharashtra

2. Aishwarya Sagar Shinde.

....Respondents.

Mr. Nitesh Navale with Mr. Somnath Kale, Advocates for the Petitioners. Ms. Poonam P. Bhosale, APP for Respondent No.1-State. Mr. Aniket S. Gunjal, Advocate for Respondent No.2. API P. B. Bakale, Khadakpada Police Station, Kalyan, present. CORAM : GAUTAM A. ANKHAD, J.

DATE : 23RD JANUARY 2026 P.C. :

1.

The present Writ Petition is filed under Article 226 & 227 of the Constitution of India along with Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 seeking the following reliefs: "a) This Hon'ble Court be pleased to quash the C.R. No.459 of 2024, dated 29.05.2024 and registered with Khadakpada Police Station, Kalyan for the alleged Offences punishable u/s. 498A, 323, 504, 506 and 34 of the Indian Penal Code, 1860 along with chargesheet bearing No.116 of 2024.

b) Pending the hearing and final disposal of the present petition this Hon'ble Court be pleased to stay any further proceedings with respect to and arising out of C.R. No.459 of 2024, dated 29.05.2024 and registered with Khadakpada Police Station, Kalyan for the alleged Offences punishable u/s. 498A, 323, 504, 506 and 34 of the Indian Penal Code, 1860 along with chargesheet bearing No.116 of 2024.

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c) For interim and ad-interim relief in terms of prayer clause (b) above;

d) For such and further reliefs as this Hon'ble Court may deem fit to impose in the interest of justice and in circumstances of the present case."

2.

The marriage between the petitioner no.1 and the respondent no.2 was solemnised on 28th November 2017 as per Hindu rites and Customs. The petitioner no.2 is the father-in-law and the petitioner no.3 is the sisterin-law of the respondent no.2. Due marital discord, differences arise between the parties. An FIR was lodged at the instance of the respondent no.2 at the Khadakpada Police Station, Kalyan on 29th May 2024 alleging that she was subjected to harassment and cruelty. The charge-sheet bearing no. 116 of 2024 was filed in criminal proceedings bearing R.C.C. No.554 of 2024 before the learned Judicial Magistrate First Class, Kalyan. 3.

The parties have amicably settled their disputes. Mr. Aniket Gunjal, the learned counsel for the respondent no.2 tenders across the bar an affidavit dated 8th December 2025 which records the consent of the respondent no.2 along with a self attested copy of aadhar card of respondent no.2. The same are taken on record and shall form part of the proceedings of the Court.

4.

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 arising out of marital disputes, provided the court is 2/3

satisfied that an amicable settlement has been reached, which serves the interests of Justice. The parties have settled their dispute and an affidavit has been tendered to that effect. In view of the same, Criminal Writ Petition No. 6695 of 2025 is allowed in terms of prayer clause (a) quoted above and C.R. No. 459 of 2024 and all the consequential proceedings arising therefrom stand quashed and set aside. [ GAUTAM A. ANKHAD, J. ] BHARAT DASHARATH PANDIT BHARAT DASHARATH PANDIT Date: 2026.01.27 21:29:57 +0530 3/3