Chunilal Mesaji Parmar And ORS v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1090 OF 2025
1. Chunilal Mesaji Parmar ]
2. Pabudevi Chunnilal Parmar ]
3. Prakash Chunilal Parmar ]
4. Rakmini Prakash Parmar ]
5. Nilesh Chunilal Parmar ] .. Applicants
Versus
1. State of Maharashtra, ] Through Office of the Public Prosecutor ]
2. Shobha Nilesh Parmar ] .. Respondents Mr. Amol Jagtap, Advocate for the Applicants. Mr. K.V. Saste, Additional Public Prosecutor for Respondent No.1. Mr. Nandkishor Yerande, Advocate for Respondent No.2. CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.
DATE : 2ND DECEMBER 2025.
PER, GAUTAM A. ANKHAD, J.
The present Criminial Application is filed under section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 seeking quashing of the FIR dated 2nd August 2025 registered with Wakad police station, Pimpri Chinchwad.
2.
The applicant no.5 and the respondent no.2 are married to each other. The applicant nos.2 to 4 are the family members. Due to marital discord, a FIR No.348 of 2025 was lodged at the instance of the respondent no.2. The differences between the parties are now settled after intervention of elders. The affidavit-ofconsent of the respondent no.2 dated 10th September 2025 records her unconditional consent, without any force or coercion. 1/2 89-APL-1090-2025.doc Dixit
3.
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 on blank sheet of paper. The appearance of the parties and copies of the their Aadhaar cards are taken on record. The parties have reiterated that the dispute between them has been settled amicably.
4.
It is settled principle, as laid down by the Hon'ble Supreme Court in "Jitendra Raghuvanshi v. Babita Raghuvanshi" (2013) 4 SCC 58, that in matrimonial disputes where the law encourages at reconciliation between the family members, the Court is empowered to quash the criminal proceedings to prevent the abuse of process of law. Therefore, continuation of any criminal proceedings thereafter would serve no fruitful purpose. Criminal Application No.1090 of 2025 is allowed in terms of prayer clause (A) which reads as under:
"(A). That this Hon'ble Court be pleased to quash the F.I.R. dated 02/08/2025 lodged by the respondent no.2 with Wakad Police Station, Pimpri-Chinchwad u/s. 85, 115(2), 352, 351(2), 351(3), 356(2), 3(5) of BNS, 2023 by the consent of the respondent no.2."
[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] Digitally signed by SNEHA ABHAY DIXIT Date:
2025.12.10 13:40:00 +0530 2/2 89-APL-1090-2025.doc Dixit SNEHA ABHAY DIXIT