Prathamesh Dattarm Kadam And ORS v. Durva Prathamesh Kadam And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1170 OF 2025
1. Prathamesh Dattaram Kadam ]
2. Deepashri Dattaram Kadam ]
3. Dattaram Kashiram Kadam ] .. Applicants
Versus
1. Smt. Durva Prathamesh Kadam ]
2. State of Maharashtra, ] Through Bhoiwada Police Station ] .. Respondents Mr. Rahul Arote, Advocate for the Applicants. Mr. Sankalp Vichare, Advocate for Respondent No.1. Mrs. G.P. Mulekar, Additional Public Prosecutor for Respondent No.2.
CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.
DATE : 21ST NOVEMBER 2025.
PER, GAUTAM A. ANKHAD, J:
The present Criminal Application is filed under section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 seeking following relief:
"(a) This Hon'ble Court be pleased to quash and set aside the First Information Report FIR vide FIR No.286/2022 under sections 498A, 420, 406, 323, 504, 506 r/w. section 34 of the Indian Penal Code registered with Bhoiwada Police Station, Mumbai."
2.
The marriage between the applicant no.1 and the respondent no.1 was solemnised on 4th February 2020. After marriage, both parties were residing along with the applicant nos.2 and 3, who are family members of the applicant no.1. Due to marital discord, differences arose between the parties. An FIR was lodged at the instance of the respondent no.1 at Bhoiwada police station on 12th April 2022 alleging that she was subjected to harassment on 1/2 14-APL-1170-2025.doc Dixit
account of demand for dowry. The applicants have been granted anticipatory bail by the learned Sessions Court, Greater Mumbai. 3.
The disputes between the parties are matrimonial in nature and have now been settled. The marriage between the applicant no.1 and the respondent no.1 stands dissolved by mutual consent vide order dated 2nd August 2024 passed by the learned Civil Judge Senior Division, Kalyan. The parties have amicably separated and now confirm they have no further claims or grievances against one another.
4.
Mr. Vichare, the learned counsel for the respondent no.1 has tendered an affidavit dated 8th September 2025 which records that the respondent no.1 has no objection to quashing of the criminal proceedings in view of the settlement reached between the parties. 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 which shall form part of the proceedings.
5.
The Hon'ble Supreme Court in "Rangappa Javoor v. State of Karnataka" 2023 SCC OnLine SC 1736 reaffirmed the well-settled position that the High Court may use its inherent powers to quash criminal proceedings arising from matrimonial disputes, provided it is satisfied that the parties have reached an amicable settlement, thereby securing the ends of justice. Hence, Criminal Application No.1170 of 2025 is allowed in terms of prayer clause (a).
[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] 2/2 by SNEHA ABHAY DIXIT Date:
2025.11.27 18:18:54 +0530 14-APL-1170-2025.doc Dixit SNEHA ABHAY DIXIT