Aditya Dilip Karande And ORS v. The State Of Maharashtra And ANR

by GAYATRI RAJENDRA SHIMPI Date:

2026.01.21 19:55:20 +0530 GAYATRI RAJENDRA SHIMPI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1196 OF 2025 Aditya Dilip Karande And Ors.

... Applicants V/s.

The State of Maharashtra & Anr.

... Respondents --- Mr. Amey Deshmukh, Advocate for Applicants.

Mr. Tanmay Shembavanekar, Advocate for Respondent No. 2. Mr. Tanveer Khan, APP for Respondent - State. --- CORAM :

ASHWIN D. BHOBE, J.

DATE :

17th JANUARY, 2026.

P.C. :

1.

By the present Application filed under Article 226 of the Constitution of India and Section 482 of the Cr. P. C., the Applicant has sought the following substantive reliefs :- "a) This Hon'ble Court by issuing appropriate writ or direction be pleased to quash the proceedings of FIR bearing No. 0100 of 2025 registered with Vishnunagar Police Station, Thane City for the offences punishable under Sections 498-A, 504, 506 and 34 of Indian Penal Code, 1860;

a1) To quash and set aside orders taking cognizance in R.C.C. No. 478 of 2025 pending before learned J. M. F. C. Court, Kalyan."

2.

At the request of Mr. Amey Deshmukh, learned Advocate for the Applicants and by the consent of the Advocates for Respondents, the Applicants were permitted to appear on V. C. Applicant Nos. 1, 2 & 3 appear through V. C. Mr. Amey Deshmukh identifies the Applicants on V. C. and tenders true copies of their photo identity cards (three numbers), same are taken on record and marked 'X colly" for identification.

3.

Respondent No. 2 is present in Court along with her Advocate Mr. Tanmay Shembavanekar. Respondent No. 2 present in Court identifies the Applicants appearing through V. C. 4.

Mr. Amey Deshmukh, learned Advocate for the Applicants and Mr. Tanmay Shembavanekar, learned Advocate for Respondent No. 2, jointly submit that the matrimonial dispute between the Applicants No. 1 and Respondent No. 2 is amicably resolved before the Family Court. Mr. Amey Deshmukh, on instructions, states that the amount required to be paid to the Respondent No. 2 is paid today and the balance would be paid as agreed by the parties.

5.

Mr. Tanmay Shembavanekar, Advocate for Respondent No.2, has tenders affidavit dated 25th November, 2025 affirmed by the Respondent No. 2 before the Notary Advocate Neelam D. Erande, Mumbai. Affidavit dated 25th November, 2025 along with photo identity card of Respondent No. 2 are taken on record and marked 'X-1 colly' for identification.

6.

Respondent No. 2 (Ms. Sonal Aditya Karande nee Sonal Arun Agawane) states that the affidavit ('X-1 colly') is 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. 2 to 5 of the affidavit 'X-1 colly' are as per her say. She states that she and the Applicant No. 1 have amicably resolved their matrimonial dispute and have decided to separate from each other. She states that she has no objection to quashing of the criminal proceedings. She refers to the paragraph Nos. 2 & 3 of the affidavit 'X-1 colly'.

7.

Mr. Amey Deshmukh and Advocate Mr. Tanmay Shembavanekar jointly submit that the parties having amicably

resolved their dispute, the criminal proceedings against the Applicants may not be continued and the same be quashed. 8.

Mr. Tanveer Khan, learned APP for the State, submits that no purpose would be served in continuing with the criminal proceedings, in view of the affidavit 'X-1 colly' filed by the Respondent No. 2. He therefore submits that criminal proceeding be quashed.

9.

Considering the statements made by Respondent No. 2 in the affidavit 'X-1 colly' and being guided by the decision of the Hon'ble Supreme Court in Parbatbhai Aahir Alias Parbatbhai Bhimsinbhai Karmur and Others Vs. State of Gujarat and Anr.1, I deem it fit and proper to exercise powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita to quash the criminal proceedings.

10.

In view of the above, the Application is allowed in terms of prayer clause (a). Consequently, the FIR bearing No. 0100 of 2025 registered with Vishnunagar Police Station, Thane City (2017) 9 SCC 641

and the charge-sheet bearing RCC No. 478 of 2025 pending before the learned JMFC Court, Kalyan are quashed. Criminal proceedings pursuant to the impugned FIR No. 0100 of 2025 stand closed.

11.

Criminal Application No. 1196 of 2025 is allowed. (ASHWIN D. BHOBE, J.)