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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

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

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                                                                                        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




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