Dilip Waman Mhatre And ANR v. State Of Maharashtra And ANR

by LAXMIKANT GOPAL CHANDAN Date:

2026.02.23 10:12:04 +0530 LAXMIKANT GOPAL CHANDAN lgc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 826 OF 2026 Dilip Waman Mhatre and ors.

: Petitioners.

Versus

State of Maharashtra and anr.

: Respondents.

______________________________________________________ Mr. Mayur S Kadam for the Petitioners.

Mr. Prasanna P Malshe, APP for the Respondent/State. Mr. Jitendra H Oak for the Respondent No.2.

______________________________________________________ CORAM : ASHWIN D. BHOBE, J.

DATED : 20 FEBRUARY 2026 PC:- 1.

Heard Mr. Mayur Kadam, learned Advocate for the Petitioners, Mr. Prasanna Malshe, learned APP for the Respondent/State and Mr. Jitendra Oak, learned Advocate for Respondent No.2.

2.

This Petition/Application 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 101 of 2024 registered at Kalyan Taluka Police Station, Thane Graming for the offences

punishable under Sections 498A, 377, 506, 406 r/w 34 of the Indian Penal Code and the Chargesheet bearing No.77 of 2024, registered as Case No.RCC/416/2024), pending before the learned Judicial Magistrate First Class, Kalyan 3.

Petitioners are present in the Court and are identified by their Advocate Mr. Mayur Kadam. He tenders the Photostat copies of the Identity Cards (two in number) of the Petitioners, which are taken on record and marked as "XColly" for identification. 4.

Respondent No.2 is present in the Court and is identified by her Advocate Mr. Jitendra Oak. 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 Mayur Kadam, learned Advocate for the Petitioners and Mr. Jitendra Oak, learned Advocate for the Respondent No.2, submit that the dispute pertaining to the impugned FIR and the consequent chargesheet is being resolved between the

Petitioners and the Respondent No.2. They submit that the Respondent No.2 has given no objection in her Affidavit dated 20 February 2026, original of which is filed in Criminal Writ Petition No.4790 of 2024. The copy of the Affidavit dated 20 February 2026 is taken on record and marked as "X-2" for identification.

6.

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. 7.

Ms. Shilpa Talhar, learned APP for the Respondent/State submits that the matrimonial disputes between the Petitioners and the Respondent No.2 being resolved and the Respondent No.2 having filed Affidavit (X-2) giving no objection for quashing the criminal proceedings, no purpose would be served in continuing with the criminal proceedings. She however insists for imposition of costs.

8.

Mr. Mayur Kadam, learned Advocate for the Petitioners and Mr. Jitendra Oak, learned Advocate for the Respondent No.2, on instructions, submits that the Petitioners and Respondent No.2 shall deposit appropriate costs. 9.

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 Application. 10.

In view of the above, Criminal Writ Petition No.826 of 2024 is allowed in terms of prayer clause (a) subject to payment of costs of Rs.40000/. Consequently, the impugned FIR bearing No.101 of 2024 dated 16 February 2024 2012 10 SCC 303 2014 6 SCC 466 2017 9 SCC 641

registered with the Kalyan Taluka Police Station, Thane Gramin and the Chargesheet bearing No.77 of 2024, registered as Case No. RCC/416/2024, pending before the learned Judicial Magistrate First Class, Kalyan, are quashed. 11.

Out of the total costs of Rs.40,000/-, the Petitioners shall deposit an amount of Rs.20,000/- and the Respondent No.2 shall deposit an amount of Rs.20,000/- in the below mentioned Account within a period of two weeks from today and file in the Registry of this Court the compliance affidavit along with the proof of deposit on or before 17 March 2026 :- Account Name : Armed Forces Battle Casualties Welfare Fund Account Number : 90552010165915 Bank Name : Canara Bank Branch : South Block, Defence Headquarters New Delhi110011 IFSC Code : CNRB0019055 12.

This Criminal Writ Petition is allowed in the above-said terms.

(ASHWIN D. BHOBE, J.)