Chhaya Baban Pawar And ORS v. The State Of Maharashtra D

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1590 OF 2025 Chhaya Baban Pawar And Ors.

...Applicants

Versus

The State of Maharashtra And Anr.

...Respondents

WITH CRIMINAL APPLICATION NO. 87 OF 2025 Seema Jagdish Ghorpade And Anr.

...Applicants

Versus

The State of Maharashtra And Anr.

...Respondents

__________ Mr. Yuvraj Tajane, learned Advocate for the Applicants. Applicant-Sandeep Baban Pawar is present in the Court. Other Applicants are present through VC.

Mr. Prasanna P. Malshe, learned A.P.P. for the State/Respondent. Ms. Iqraa Zabin Qureshi, learned Advocate for Respondent No. 2. Respondent No. 2 is present through VC.

PSI Mr. Vikas D. Taktode attached to Hinjewadi Police Station, PimpriChinchwad, Pune is present in the Court. __________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

17th JANUARY 2026.

P.C. :

1.

Heard Mr. Yuvraj Tajane, learned Advocate for the Applicants, Mr. Prasanna Malshe, learned A.P.P. for the State/Respondent and Ms. Iqraa Qureshi, learned Advocate for Respondent No. 2. 2.

In these Applications, the Applicants have sought for the

following substantive relief :- "a) FIR No. 0189 dt. 20.02.2024 registered with Hinjawadi Police Station, District Pimpri-Chinchwad, under Sections 323, 406, 427, 498-A, 504, 506 r/w 34 of I.P.C., Final Report from/Charge-sheet Bearing No. 517 of 2024 and consequential Regular Criminal Case No. 5428 of 2024 filed with JMFC Court, Pune be quashed and set aside." 3.

On 16.01.2026, the following order was made by this Court :- "1.

These Applications were circulated by Mr. Yuvraj Tajane, learned Advocate for the Applicants, on the grounds mentioned in the praecipe dated 24th January, 2025.2. 2.

Today, the Applicants in both the Applications are present before this Court. Respondent No. 2 is said to be at an advance stage of pregnancy, as such is appearing through V. C. Ms. Iqra Qureshi, Advocate appearing for Respondent No. 2, identifies the Respondent No. 2. Similarly, the Applicants who are present in Court with their Advocate Mr. Yuvraj Tajane identify the Respondent No. 2 who appears through V. C. 3.

Mr. Yuvraj Tajane, learned Advocate for the Applicants and Ms. Iqra Qureshi, learned Advocate for Respondent No.2, jointly submit that the matrimonial dispute between the Applicant No. 2 (Sandeep Baban Pawar) in Criminal Application No. 1590 of 2025 and Respondent No. 2, is resolved. In view of the said resolution, Respondent No. 2 does not intend to pursue the criminal proceedings filed by her against the Applicants in these proceedings. Respondent No. 2, who is present on V. C., states that an affidavit to that effect would be sworn / affirmed and tendered in Court. Ms. Iqra Qureshi, learned Advocate for Respondent No. 2, states that she requires time till tomorrow for tendering the affidavit before the Court.

4.

The Applicants in both these Applications who are

present in Court, who are identified by their Advocate Mr. Yuvraj Tajane, state that they have amicably settled the dispute with Respondent No. 2.

5.

Mr. Yuvraj Tajane, states that the presence of Applicant Nos.1 & 3 in Criminal Application No.1590 of 2025 and Applicants in Criminal Application No. 87 of 2025 be dispensed with and they may be permitted to appear through V. C. He undertakes to identify them on V. C. and also tender their ID cards duly verified before this Court. Respondent No. 2, Ms. Iqra Qureshi and the Mr. Prasanna Malshe learned APP do not object to the said request. As such, permission granted to the said Applicants, except Applicant Mr. Sandeep Baban Pawar (husband of Respondent No. 2), in these proceedings to appear through V. C. Mr. Sandeep Baban Pawar undertakes to remain present in person before this Court on 17th January, 2026.

6.

At the joint request of the parties, list the matter on 17th January, 2026."

4.

Today, Respondent No. 2 appears through Video Conferencing. She is identified by her Advocate Ms. Iqraa Qureshi. Applicant-Sandeep Baban Pawar, husband of Respondent No. 2 is present in the Court. Other Applicants are appearing through Video Conferencing. They are identified by Mr. Yuvraj Tajane, learned Advocate appearing for them. Photo identity proofs (Aadhar Cards) of the Applicants and Photo identity proof (Aadhar Card) of Respondent No. 2, appearing through Video Conferencing, are tendered by their respective Advocates. Same are taken on record and marked as "X Colly." for identification. 5.

Mr Yuvraj Tajane and Ms. Iqraa Qureshi jointly submit that the dispute being settled between the parties, no purpose would be served in continuing the criminal proceedings and the same be

quashed.

6.

Applicants, who are appearing through Video Conference and the Applicant (Sandeep Baban Pawar), husband of Respondent No. 2, who is present in the Court, state that the matrimonial dispute with Respondent No. 2 is resolved.

7.

Respondent No. 2 in both these Criminal Applications states that she has sworn Consent Affidavits both dated 16.01.2026 before the Notary Advocate Ms. Nilam S. Savadia at Mumbai. Said Affidavits are tendered by Ms. Iqraa Qureshi, learned Advocate for Respondent No. 2. Both the Affidavits dated 16.01.2026 are taken on record and marked as "X-1"and "X-2" for identification. Respondent No. 2 states that the Affidavits (X-1 & X-2) have 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 8 of the Affidavits both dated 16.01.2026 are as per her say. She refers to paragraph nos. 3 to 6 of both the Affidavits and states that matrimonial discord between her and her husband Mr. Sandeep Baban Pawar (Applicant No. 2 in Criminal Application No.

1590 of 2025) stands resolved. She states that both of them have agreed that they would be staying together. She states that considering the subsequent events and the matrimonial dispute being resolved, she does not intend to pursue/prosecute the criminal proceedings. She states that such statements are made by her in paragraph nos. 5 & 6 of the Affidavits (X-1 & X-2). Mr. Sandeep Baban Pawar, who is present in the Court states that he and Respondent No. 2 are expecting a child and they would be residing together after the birth of the child.

8.

Mr. Prasanna Malshe, learned A.P.P. for the State/Respondent states that in view of the statements made by Respondent No. 2, who is appearing through Video Conferencing and her statements in the Affidavits dated 16.01.2026 (X-1 & X-2), no purpose would be served by continuing with the criminal proceedings. He therefore submits that the impugned FIR and the criminal proceedings can be quashed on the basis of statements made by Respondent No. 2 before this Court in the Affidavits (X-1 & X-2) and the statements today made before this Court by the Applicants. 9.

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 (Affidavits at X-1 & X-2) 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.

10.

Both the Criminal Applications are therefore allowed in terms of prayer clause (a). Consequently First Information Report No. 189 of 2024 dated 20.02.2024 registered with Hinjawadi Police Station, District-Pimpri-Chinchwad for the offence punishable under Sections 323, 406, 427, 498-A, 504, 506 read with 34 of the Indian Penal Code, 1860 and the charge-sheet bearing No. 517 of 2024, registered as Regular Criminal Case No. 5428 of 2024 pending before the Judicial Magistrate First Class at Pune, are quashed. Criminal proceedings against the Applicants arising out (2017) 9 SCC 641.

of the said FIR and charge-sheet are closed.

11.

Criminal Application Nos. 1590 of 2025 & 87 of 2025 are disposed of. No order as to costs.

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

2026.02.05 20:39:00 +0530 GITALAXMI KRISHNA KOTAWADEKAR