← Library
Bombay High CourtAPL/233/2026disposed off

Maruti Parvati Kale And ORS v. The State Of Maharashtra And ANR

2026-02-27Hon'Ble Shri Justice Ashwin D. Bhobe5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 233 OF 2026 Mr. Maruti Parvati Kale & Ors.

...Applicants

Versus

The State of Maharashtra & Anr.

...Respondents

__________ Mr. Shreyansh R. Mithare a/w Mr. Avinash S. Kori & Ms. Anjali Anil Nimbkar, learned Advocates for the Applicants. Applicant Nos. 1 to 3 are present in the Court. Mr. Tanveer G. Khan, learned A.P.P. for the State/Respondent. Ms. Prajakta Balasaheb Shinde, learned Advocate for Respondent No. 2. Respondent No. 2 is present in the Court.

__________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

27th FEBRUARY 2026.

P.C. :

1.

Heard Mr. Shreyansh Mithare, learned Advocate for the Applicants, Mr. Tanveer Khan, learned A.P.P. for the State/Respondent and Ms. Prajakta Shinde, learned Advocate for Respondent No. 2.

2.

This Criminal Application is preferred by the Applicants under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of the First Information Report bearing No. 0303 of 2025 dated 21.12.2025 registered with Lonavala Gramin Police Station, District-Pune Rural.

3.

Applicant Nos. 1 to 3 are present in the Court along with

their Advocate Mr. Shreyansh Mithare. Mr. Shreyansh Mithare identifies all the Applicants and tenders photostat copies of their Aadhar Cards as photo identity proof, which are taken on record and marked as "X Colly." for identification.

4.

Respondent No. 2 is present in the Court along with his Advocate Ms. Prajakta Shinde. Ms. Prajakta Shinde identifies Respondent No. 2 and tenders photostat copy of Aadhar Card of Respondent No. 2 as photo identity proof, which is taken on record and marked as "X-1" for identification.

5.

Ms. Prajakta Shinde tenders Affidavit dated 11.02.2026 affirmed by Respondent No. 2 before the Notary Advocate Mrs. Snehal C. Sawant, Fort, Mumbai. Same is taken on record and marked as "X-2" for identification. Respondent No. 2, who is present in the Court, states that he has filed the said Affidavit dated 11.02.2026 (X-2) out of his own free will and without any pressure, force or coercion from any person. He states that the contents of Affidavit (X-2) are as per his say. He reiterates that the dispute between him and the Applicants is amicably resolved, as such he gives No Objection for quashing of the criminal proceedings.

6.

Mr. Shreyansh Mithare and Ms. Prajakta Shinde submit that the subject matter of impugned FIR was a dispute between two families. To clarify, they submit that the dispute was between the family from the bride side and the family of the groom side. They submit that in view of the initial difference of opinion, the alleged incident is said to have occurred. They submit that both the

families have now accepted the relation of the bride & groom and there is no dispute either in the families of the bride or groom or any other family members. They by relying on the Affidavit (X-2) filed by Respondent No. 2 submit that the Applicants and Respondent No. 2 have settled their dispute and Respondent No. 2 has agreed to withdraw all criminal proceedings filed by him against the Applicants. They therefore request that the criminal proceedings may not be continued and the same be quashed. 7.

Mr. Tanveer Khan, learned A.P.P. for the State/Respondent submits that though the dispute appears to be a family disharmony, however the police machinery was set in motion for settling the subject dispute, on the basis of the complaint filed by Respondent No. 2. He states that in view of the settlement between Applicants and Respondent No. 2 and the Respondent No. 2 giving his No Objection for quashing of the criminal proceedings in the Affidavit (X-2), the impugned FIR and the criminal proceedings arising out of the impugned FIR, be quashed. He however insists for imposition of exemplary costs on the parties. 8.

Mr. Shreyansh Mithare, learned Advocate for the Applicants on instructions from Applicant Nos. 1 to 3, who are present in the Court states that appropriate cost would be paid. 9.

Considering the above facts and the submissions of learned Advocates, the nature of the dispute being a family dispute, the matter having been amicably settled between the Applicants and Respondent No. 2 and the statements made on oath by Respondent No. 2 in the Affidavit (X-2), no useful purpose will be served by

allowing the criminal prosecution to continue. Having regard to the pronouncements of the Hon'ble Supreme Court in the cases of Gian Singh v/s. The State of Punjab and Another1, Narinder Singh and Others v/s. State of Punjab and Another2 and Parbatbhai Aahir Alias Parbatbhai Bhimsinbhai Karmur and Others Vs. State of Gujarat and Anr.3, there is no impediment to allow this Criminal Application.

10.

In view of the above, Criminal Application is allowed in terms of prayer clause (a) subject to payment of cost of Rs. 60,000/- by the Applicants as condition precedent. Consequently, the impugned FIR bearing No. 0303 of 2025 dated 21.12.2025 registered with Lonavala Gramin Police Station, District-Pune Rural, is quashed. Criminal proceedings against the Applicants arising out of the impugned FIR are closed.

11.

Applicants shall deposit cost of Rs. 60,000/- in the following account within a period of 3 weeks from today and furnish proof of deposit before the Registry of this Court by filing an Affidavit of compliance on or before 27.03.2026 :- Bank Name : ICICI Bank Account Name : Deepstambh Foundation, Delhi Account Number : 697401700986 Account Type : Savings IFSC Code : ICIC0006974 MICR Code : 425229003

1. (2012)10 Supreme Court Cases 303.

2. (2014)6 Supreme Court Cases 466.

3. (2017) 9 SCC 641.

12.

Criminal Application No. 233 of 2026 is disposed of in the above said terms.

[ASHWIN D. BHOBE, J.] GITALAXMI KRISHNA KOTAWADEKAR GITALAXMI KRISHNA KOTAWADEKAR Date: 2026.03.09 08:23:44 +0530