Shreyas Shrikant Desai And ANR v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 633 OF 2026 Shreyas Shrikant Desai And Anr.

... Petitioners V/S.

State Of Maharashtra And Anr.

... Respondents __________________________________________________________ Mr. Vaiibhav Parab, for the Petitioners.

Petitioner Nos. 1 to 4, present in Court.

Mr. P. K. Sanghrajka, for the Respondent No. 2. Respondent No.2, is present.

Ms. Shilpa Talhar, APP for the State.

__________________________________________________________ CORAM : ASHWIN D. BHOBE, J.

DATE : 18th FEBRUARY, 2026.

P.C. :

1.

Heard Mr. Vaiibhav Parab, learned Advocate for the Petitioners, Ms. Shilpa Talhar, learned APP for the RespondentState and Mr. P. K. Sanghrajka, learned Advocate for Respondent No.2.

2.

This Petition under Article 226 of the Constitution of India and under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 is preferred by the Petitioners for quashing the FIR bearing No. 486 of 2020, dated 16th January, 2024, registered with Nehru

Nagar Police Station for the offences punishable under Sections 498A, 323, 504, 506, 500, 167 r/w 34 of the of the Indian Penal Code, 1860 and chargesheet registered as C.C. No. 914/PW/2022, pending before the learned Additional Chief Judicial Magistrate, 34th Court at Vikhroli.

3.

Petitioners are present in the Court and are identified by their Advocate Mr. Vaiibhav Parab. He tenders the Photostat copies of the Identity Cards of 4 Petitioners, which are taken on record and marked as "X-Colly" for identification.

4.

Respondent No.2 is present in the Court and is identified by her Advocate Mr. P. K. Sanghrajka. He tenders the Photostat copy of Identity Card of Respondent No.2, which is taken on record and marked as "X-1" for identification.

5.

Mr. Vaiibhav Parab and Mr. Sanghrajka, submit that the matrimonial dispute between the Petitioners and the Respondent No. 2 is amicably resolved. They submit that the Petitioner No. 1 (Husband) and Respondent No. 2 (Wife) have decided to part ways and separate from each other. They submit that proceedings

seeking judicial separation is pending before the Family Court, Bandra. They submit that in view of the settlement, Respondent No. 2 has given her no objection for quashing of the criminal proceedings which are subject matter of the present Petition. 6.

Mr. P. K. Sanghrajka, states that the Affidavit dated 4th February, 2026 affirmed by Respondent No.2 before the Notary Mangesh Bansod, is placed on record. Same is marked as "X-2" for identification.

7.

Respondent No. 2 states that the said Affidavit (X-2) is filed out of her own free will and without any pressure or coercion from any person. She states that the contents of the Affidavit (X-2) are as per her say. She reiterates her no objection for quashing of the criminal proceedings.

8.

Mr. Shilpa Talhar, learned APP submits that the parties made an attempt to resolve the matrimonial dispute by use of police machinery. She however submits that the parties having settled the matter and the Respondent No.2 having filed the Affidavit (X-2), no purpose would be served in continuing with the

criminal proceedings. She submits that the criminal proceedings can be quashed. However, she insists for imposition of cost. 9.

Mr. Vaiibhav Parab and Mr. P. K. Sanghrajka, on instructions, submits that the Petitioners and Respondent No.2 shall deposit appropriate costs.

10.

Considering the aforesaid circumstances, the nature of dispute, the matter being settled between the Petitioners and the Respondent No.2, the statement of Respondent No. 2 in the Affidavit (X-2) and having regards to the pronouncements of the Hon'ble Supreme Court in the case of Gian Singh vs State Of Punjab1, Narinder Singh And Ors vs State Of Punjab And Anr2 and Parbatbhai Aahir @ Parbatbhai vs The State Of Gujarat3, there is no impediment in allowing this Petition.

11.

In view of the above, Criminal Writ Petition No. 633 of 2026 is allowed in terms of prayer clause (b) subject to payment of costs of Rs. 50,000/- as condition precedent. Consequently, the 2012 10 SCC 303 2014 6 SCC 466 2017 9 SCC 641

impugned FIR bearing No.486 of 2020 dated 16th January, 2024, registered with the Nehru Nagar Police Station and the Chargesheet registered as C.C. No. 914/P/2022, pending before the Learned Additional Chief Judicial Magistrate, 34th Court, Vikhroli are quashed. Criminal proceedings against the Petitioners are closed.

12.

The Petitioners shall deposit a cost of Rs. 30,000/- in the below mentioned accounts of Central Police Welfare Fund, within a period of two weeks from today.

Central Police Welfare Fund Director General M. S. Mumbai.

Account No. :

914010029005759 Bank :

Axis Bank Limited Branch :

Worli, Mumbai (M.H.), Mumbai - 400 025 IFSC Code :

UTIB0000060

13.

The Respondent No. 2 shall deposit cost of Rs. 20,000/- in the below mentioned Account of the High Court Employees Medical Welfare Fund, Mumbai within a period of two weeks from today.

The High Court Employees Medical Welfare Fund at Mumbai Account No.:

000120110001337 Bank :

Bank of India Branch :

Mumbai Main IFSC Code :

BKID0000001 14.

The compliance affidavit along with the proof of deposit be filed in the Registry of this Court on or before 16th March, 2026. 15.

This Writ Petition No. 633 of 2026 is allowed and disposed of in the above-said terms.

by ARJUN KRISHNA RODGE Date:

2026.02.24 22:52:16 +0530 ARJUN KRISHNA RODGE (ASHWIN D. BHOBE, J.)