Gaurav Ramkumar Nain And ORS. v. Preeti Anand Singh And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1215 OF 2025

1. Gaurav Ramkumar Nain ]

2. Saroj Ramkumar Nain ]

3. Deepika Aseem Hooda ]

4. Sambhav Ramkumar Nain ] .. Applicants

Versus

1. Preeti Anand Singh ]

2. Union Territory (Dadra & Nagar Haveli) ] .. Respondents Mr. Abhay Singh, Advocate for the Applicants. Mr. Khwaja Shaikh, Advocate for Respondent No.1. Mr. Ashwin Thool, with Mr. Ayush Singh, Advocates for Respondent No.2.

Mrs. M.M. Deshmukh, Additional Public Prosecutor with Mr. J.P. Yagnik, Assistant Public Prosecutor for the Respondent-State of Maharashtra.

Mr. Gaurav Ramkumar Nain, Applicant No.1 is present in Court. Ms. Preeti Anand Singh, Respondent No.1 is present in Court. CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE : 11TH NOVEMBER 2025.

PER, GAUTAM A. ANKHAD, J.

The present Criminal Application has been filed seeking the following prayer:

"i.

That this Hon'ble Court may be pleased to quash and set aside the Chargesheet arising out of F.I.R bearing No. 205 of 2023, along with the order of cognizance dated 13.09.2023 being taken by Judicial Magistrate of First of Class At Silvasa in R.C.C. No. 189 of 2023 lodged at Silvassa Police Station for the offences punishable under U/s. 498-A, 506 of IPC on 24.05.2023 against the Applicants by the Respondent No.2 herein i.e. Original Complainant;"

2.

The marriage of the applicant no.1 and the respondent no.1 was solemnised on 23rd March 2019. After marriage, the parties 1/3

were residing together at Zirkapur, District Mohali. On 24th May 2022, an FIR being No. 205 of 2023 was registered at Silvassa Police Station for the offences punishable under Sections 498-A and 506 the Indian Penal Code, 1860 at the instance of the respondent no.1 owing to the harassment and torture meted out to her in the matrimonial home by her husband and his relatives. After investigation in the said matter, a charge-sheet bearing RCC No.189 of 2023 has been filed before the learned Judicial Magistrate at First Class, Silvasa. It is further on record that the the learned magistrate has also taken cognizance of the offence by order dated 13th September 2023. Applicant nos.2 to 4 have been granted by the learned Judicial Magistrate First Class at Dadra and Nagar Haveli by an order dated 29th November 2023. 3.

The respondent no.1 had also filed a complaint under section 12 of the Domestic Violence Act, 2005 against the applicants before the the learned Judicial Magistrate First Class at Dadra and Nagar Haveli, wherein the applicant no.1 and the respondent no.1 have amicably settled their dispute and entered into a memorandum of understanding dated 3rd July 2025 which inter alia records that the parties have agreed to dissolve their marriage.

4.

Mr. Shaikh, the learned counsel for the respondent no.1 has tendered an affidavit dated 11th November 2025 which records that the respondent no.1 has no objection to quashing of the FIR. The applicant no.1 and the respondent no.1 are present in the court and identified by their counsels. They have submitted their appearance and signed the same, which is taken on record. 5.

As held in "B.S. Joshi v. State of Haryana", (2003) 4 SCC 675, the inherent power of the High Court under section 482 of the 2/3

Criminal Procedure Code (now section 528 of B.N.S.S.) is not limited by the power to compound offences. The Hon'ble Supreme Court has held that it is the duty of the Court to encourage genuine settlements of matrimonial disputes. Considering the said law and circumstances of the case, the continuation of criminal proceedings between the parties would not serve any fruitful purpose. In light of the same, the present Criminal Application No.1215 of 2025 is allowed in terms of prayer clause (i). [ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] Digitally signed by SNEHA ABHAY DIXIT Date:

2025.11.13 12:17:42 +0530 SNEHA ABHAY DIXIT 3/3