Bombay High Court
NIKHIL MAHADEV CHANDE AND ORSversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The court held that there is no legal impediment to allowing the application for withdrawal/consent after reconciliation, and therefore allowed it.
Summary
The applicants, Nikhil Mahadev Chande and others, filed a criminal application seeking relief in a case originally instituted under Section 498-A of the Indian Penal Code concerning a family dispute. The respondents, the State of Maharashtra, contested the application. Both parties subsequently reconciled, and the complainant filed a consent affidavit on 8 October 2026, outlining the terms of reconciliation. The court examined whether any legal impediment existed to permitting the application in light of the reconciliation. Finding none, the judge allowed the application and ordered its disposal without costs. The judgment thus concludes the criminal proceedings in accordance with the parties' settlement.
Issues considered
- Whether a criminal application for withdrawal/consent can be granted after the parties have reconciled in a case under Section 498-A IPC.
Legislation cited
- Indian Penal Code — s. 498A
Subjects
- family dispute
- Section 498-A
- reconciliation
- criminal application
- consent affidavit
- withdrawal of criminal proceeding
Judgment
156.APL.387.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.387 OF 2026
Nikhil Mahadev Chande And Ors. .. Applicants
Versus
The State of Maharashtra and Anr. .. Respondents
....................
Mr. Rajesh P. Khobragade a/w. Ms. Gayatri H. Nayak, Mr. Akash
Tayade, Mr. Raj Gupta, Ms. Lubhda Bhoir and Mr. Vinit V. Dhotre,
Advocates for Applicants.
Ms. Sangeeta E. Phad, APP for Respondent No.1.
API – Sanjay Rathod, Uran Police Station, Navi Mumbai.
...................
CORAM : MILIND N. JADHAV, J.
DATE : OCTOBER 08, 2026
P.C.:
1. Heard Mr. Khobragade, learned Advocate for Applicants and
Ms. Phad, learned APP for Respondent No.1.
2. Parties have reconciled their dispute. The issues are family
dispute arising out of proceedings under Section 498-A of the Indian
Penal Code, 1860 and other allied provisions.
3. The Consent Affidavit of the Complainant dated 08.10.2026
is filed and taken on record. To the Consent Terms between the
parties about reconciliation of the other disputes are appended to the
Consent Affidavit.
4. There can be no impediment in allowing the Application. I
interact with the parties in Court. The Application stands allowed and
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156.APL.387.2026.doc
disposed in terms of prayer clause (a) which reads thus:-
“a) It's alleged that the First Informant is residing at 104, Kusum
Anant, Plot No. 12, Middle class Society, Panvel with her family
members. It's further alleged that the first informant's parent was
searching bride groom, hence they have visited website namely
Pavitra Vivah, on the said website the First Informant's elder
brother namely Prathamesh liked the proposal of Applicant No.1.
Hence, he approached the Applicant No.2 being father of the
Applicant No.1.”
5. No order as to costs.
6. Criminal Application is allowed and disposed.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
Digitally signed by
HARSHADA HARSHADA
HANUMANT
HANUMANT SAWANT
SAWANT Date: 2026.10.09
16:22:49 +0530
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