Pratik Dansingani And ORS. v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 972 OF 2025 Mr. Pratik Dansingani And Ors.

...Applicants

Versus

The State of Maharashtra And Anr.

...Respondents

__________ Ms. Hemal Shah a/w Ms. Kajal Shukla, learned Advocate for the Applicants.

Mr. Pratik Dansingani, Applicant No. 1 present through VC. Applicant Nos. 2 & 3 are present in the Court. Ms. Pallavi N. Dabholkar, learned A.P.P. for the State/Respondent. Mr. Mandar Surve i/b Ms. Mayuri Hatle, learned Advocate for Respondent No. 2.

Respondent No. 2 is present in the Court.

WAPI Ms. Pooja Chavan attached to Samta Nagar Police Station is present in the Court.

__________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

20th JANUARY 2026.

P.C. :

1.

Heard Ms. Hemal Shah, learned Advocate for the Applicants, Ms. Pallavi Dabholkar, learned A.P.P. for the State/Respondent and Mr. Mandar Surve, learned Advocate for Respondent No. 2. 2.

By the present Criminal Application, the Applicants have sought for the following substantive reliefs in terms of prayer clauses 16(B) & (C) :- "B.

By passing appropriate order bearing the FIR bearing C.R. No. 732/2023 under sections 498-A, 323, 504, 506 r/w.

34 of IPC PS. Samta Naga dated 06/11/2023 of the Indian Penal Code may kindly be quashed and set aside. C.

By passing appropriate order bearing the charge sheet/Police Report bearing No. 4147/PW/2024 dated 12/09/2024 filed before the Judicial Magistrate Of First Class, 17th Court at Borivali, Mumbai for offences punishable under Section 498-A, 323, 504, 506 r/w. 34 of the Indian Penal Code may kindly be quashed and set aside."

3.

Applicant No. 1 appears through Video Conference. Ms. Hemal Shah, learned Advocate appearing for the Applicants, identifies Applicant No. 1 and tenders the photostat copy of her Aadhar Card as identity proof. Same is taken on record and marked as "X" for identification. Applicant Nos. 2 & 3 are present in the Court and identified by Ms. Hemal Shah. 4.

Respondent No. 2 is present in the Court along with her Advocate Mr. Mandar Surve. Mr. Mandar Surve tenders Affidavit dated 20.01.2026 of Respondent No. 2 executed before the Notary Advocate S. N. Dhange, Mumbai. Same is taken on record and marked as "X-1" for identification. Respondent No. 2 states that the said Affidavit has been filed by her out of her own free will and without any pressure or coercion from any person. She states that the contents of paragraph Nos. 1 to 5 of the Affidavit dated 20.01.2026 are as per her say. She states that the dispute between her and Applicant No. 1 is resolved.

5.

Ms. Hemal Shah and Mr. Mandar Surve, in view of the amicable resolution between the parties, they jointly submit that the criminal proceedings may not be continued and the same be quashed.

6.

Ms. Pallavi Dabholkar, learned A.P.P. submits that in view of the statements made by Respondent No. 2 before this Court and her statements in the Affidavit (X-1), no purpose would be served by continuing with the criminal proceedings. She therefore submits that the impugned First Information Report can be quashed on the basis of statement made by Respondent No. 2 in the Affidavit (X-1).

7.

Considering the facts as placed before me, the nature of dispute, the settlement arrived between the parties, the statements made on oath by Respondent No. 2 (Affidavit at X-1) and guided by the decision of the Hon'ble Supreme Court in the case of Parbatbhai Aahir Alias Parbatbhai Bhimsinbhai Karmur and Others Vs. State of Gujarat and Anr.1, to secure ends of justice I deem it fit and proper to exercise powers under Section 528 of the BNSS to quash the criminal proceedings.

8.

Criminal Application is therefore allowed in terms of prayer clause (a). Consequently, FIR bearing C.R. No. 732 of 2023 dated 12.09.2024 registered with Samata Nagar Police Station, Mumbai for the offence punishable under Sections 498(A), 323, 504 & 506 read with 34 of the Indian Penal Code, 1860 and the subsequent charge-sheet/Police Report bearing No. 4147/PW/2024 dated 12.09.2024 filed before the Judicial Magistrate First Class, 17th Court at Borivali, Mumbai, are quashed. Criminal proceedings against the Applicants arising out of the said FIR and the chargesheet are closed. (2017) 9 SCC 641.

9.

Criminal Application No. 972 of 2025 is disposed of. No order as to costs.

[ASHWIN D. BHOBE, J.] by GITALAXMI KRISHNA KOTAWADEKAR Date:

2026.01.31 17:26:39 +0530 GITALAXMI KRISHNA KOTAWADEKAR