Nikhil Shantaram Choudhari And ORS v. The State Of Maharashtra And ANR

LSP 1 39 apl 336.25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Criminal Application No. 336 of 2025 Mr. Nikhil Shantaram Choudhari & ors.

...

Applicants V/s.

The State of Maharashtra and anr.

...

Respondents.

Mr. Siddhant H. Deshpande for the Applicants. Ms. M.H. Mhatre, APP for the State.

Mr. Shantanu H.Katkar for the Respondent No.2. Digitally signed by LATA SUNIL PANJWANI Date:

2025.05.06 10:58:15 +0530 CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

LATA SUNIL PANJWANI DATE : 2nd May 2025.

P.C.:

Heard learned Advocate for the Applicants, learned APP and learned Advocate for the Respondent No.2.

2.

The Respondent No.2 married with the Applicant No.1 on 17th December 2023 at Pune. She realised within three months that Applicants are not behaving properly with her. She has been harassed on clumsy grounds. Even she was physically assaulted. The Applicant No.1 is the husband whereas Applicant Nos.2 and 3 are mother-in-law and father-in-law. The Applicant No.4 is her brotherin-law. She was compelled to lodge a police complaint. It was registered at Satara Police Station vide C.R. No. 161/2025 dated 18th February 2025. The offences are under Sections 115(2), 3(5),

LSP 2 39 apl 336.25.doc 351(2),352,85 of Bhartiya Nyaya Sanhita, 2023. The investigation is still under progress.

3.

Now both the spouses have decided to separate and to take a divorce by mutual consent. The amount of permanent alimony is also decided between them. There is no issue from the marriage. All other terms are decided. It is a part of the affidavit filed by the Respondent No.2.

4.

The Respondent No.2 is present and giving unequivocal consent for quashing of the FIR. She is identified by her Advocate. The dispute is personal in nature. The Society at large is not involved. There is no point in keeping the prosecution pending. Hence, we are inclined to quash the FIR and pass the following order:

ORDER

(i) The Criminal Application is allowed.

(ii) The F.I.R. registered vide C.R. No. 161/2025 with Satara Police Station under Sections 115(2), 3(5), 351(2),352,85 of Bhartiya Nyaya Sanhita, 2023 and the consequent proceedings and the charge-sheet, if any, are hereby quashed and set aside.

5.

The Criminal Application stands disposed of accordingly. (S.M. MODAK, J.) (SARANG V. KOTWAL,J.)