Bombay High Court
MONIL KISHAN PAREKH AND ANRversusESHA RAJDEEP MALIK AND ANR
- Decided
- Disposal
- Allowed
Holding
The application was allowed and the criminal proceedings under Section 498‑A were quashed based on the complainant's consent affidavit.
Summary
The applicants filed a criminal application seeking quash of proceedings initiated under Section 498-A of the Indian Penal Code and related sections. The complainant, Ms. Esha Malik, appeared before the court and submitted a consent affidavit dated 08‑10‑2026, indicating her agreement to the withdrawal of the case. The court accepted the affidavit as genuine and, finding no reason to doubt its validity, allowed the application. Consequently, the criminal proceedings were quashed and the application was disposed of without any order as to costs.
Issues considered
- Whether a consent affidavit filed by the complainant can be the basis for quashing criminal proceedings under Section 498‑A IPC.
Legislation cited
- Indian Penal Code — s. 498-A
Subjects
- Section 498-A
- consent affidavit
- quash of criminal proceedings
- withdrawal of case
- family law
Judgment
150.APL.526.2025.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.526 OF 2025
Monil Kishan Parekh And Anr. .. Applicants
Versus
Esha Rajdeep Malik And Anr. .. Respondents
....................
Mr. Niteen Pradhan a/w. Ms. Shubhada Khot, Mr. Danish Patel and
Ms. Shamshavi Desai, Advocates i/by Ms. Aneeta Kuttikrishnan for
Applicant.
Ms. Esha Malik, Respondent No.1 present in-person.
Mr. Yogesh M. Nakhwa, APP for Respondent – State.
PSI – Satish Chavan, Matunga Police Station.
...................
CORAM : MILIND N. JADHAV, J.
DATE : OCTOBER 08, 2026
P.C.:
1. Heard Mr. Pradhan, learned Advocate for Applicants;
Respondent No.1 in-person and Mr. Nakhwa, learned APP for
Respondent.
2. The lis is emanating from proceeding under Section 498-A
and other allied Sections stands withdrawn. Complainant is present
before me and she would submit that she is agreeable for consent
quashing.
3. Her Consent Affidavit has been filed by her which is dated
08.10.2026. In that view of the matter, I have no reason to disbelieve
the same.
4. The present Application therefore stands allowed in terms of
1 of 2
150.APL.526.2025.doc
prayer clause (a) which reads thus:-
“(a) That I am Applicant No.1 in the above matter and I am well
conversant with facts and circumstances of the present case,
hence I am competent to swear this affidavit. ”
5. No order as to costs.
6. Criminal Application is allowed and disposed.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
Digitally signed
HARSHADA by HARSHADA
HANUMANT
HANUMANT SAWANT
SAWANT Date: 2026.10.09
15:00:13 +0530
2 of 2
Checking your session…