Bombay High Court

DR. DINESH RAMESH CHAVAN AND ANRversusSTATE OF MAHARASHTRA AND ANR

Decided: 28 August 2026
Disposal: Disposed Off

Holding

The High Court held that a full and final compromise evidenced by a consent affidavit justifies quashing the criminal proceedings under Section 482 of the CrPC, subject to the imposition of compensatory costs.

Summary

The petitioners, husband and in‑laws, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Criminal Procedure Code seeking quashal of criminal proceedings initiated on an FIR relating to offences under Sections 323, 406, 498A, 504, 506, 507 and 34 of the IPC. The dispute arose from a matrimonial conflict, and the parties had reached a full compromise, documented in a consent affidavit filed by the complainant wife before the Family Court. The High Court, after accepting the consent affidavit, ordered the quashal of RCC No.130 of 2021 pending before the Judicial Magistrate First Class, Ghodegaon. The Court also directed the petitioners to pay compensatory costs of Rs 10,000 each to the Mumbai Police Welfare Fund. The writ petition was subsequently disposed, with a direction to record compliance on a later date.

Issues considered

Whether criminal proceedings arising from a matrimonial dispute can be quashed under Section 482 CrPC on the basis of a consent affidavit indicating full compromise.
Whether the court may impose compensatory costs on the petitioners upon quashal of the proceedings.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482
Constitution of India — s. 226
Indian Penal Code, 1860 — s. 323, 34, 406, 498, 504, 506, 507

Subjects

quashal of criminal proceedings
Section 482 CrPC
consent affidavit
matrimonial dispute
compromise
compensatory costs

Judgment

                                                   503-WP-177-2022.odt

Harish



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION

                   WRIT PETITION NO. 177 OF 2022
Dr. Dinesh Ramesh Chavan And Anr.                          ...Petitioners
            V/S.
State Of Maharashtra And Anr.                   ...Respondents
_____________________________________________________________
Adv. Abhishek Patil, for the Petitioner.

Adv. Bapu Holambe, APP for the Respondent – State.

Adv. Samir M. Suryawanshi, for the Respondent No.2.
________________________________________________________
                       CORAM : PRAFULLA S. KHUBALKAR, J.
                       DATE : 28TH AUGUST, 2026.
P.C. :-

1.          Heard learned counsel for the petitioners as well as respondent

no.2.

2.          By this petition under Articles 226 of the Constitution of India

read with Section 482 of Cr.P.C, the petitioners have sought for quashing of

the criminal proceedings, which were started on the basis of FIR No. 238 of

2020 dated 07.10.2020, registered with Ghodegaon Police Station, Pune

(Rural), for the offence punishable under Sections 323, 406, 498(A), 504,

506, 507 read with Section 34 of the Indian Penal Code, 1860.


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3.          Learned counsel for the petitioners as well as respondent no.2

submit that the criminal proceedings were initiated on the background of a

matrimonial dispute and on the basis of the report lodged by the wife against

the petitioner no.1 who is husband and petitioner nos. 2 & 3 who are the

mother-in-law and father-in-law respectively. It is submitted that the parties

have compromised the entire dispute and the consent terms are also executed

in between them before the Family Court, Pune in Marriage Petition No. 559

of 2020.


4.          Today, the consent affidavit sworn by the respondent wife is

tendered across the bar. It is taken on record and marked as ‘X’ for

identification purpose. Respondent no.2 has stated in this affidavit that the

parties have compromised the dispute and the respondent no.2 / original

complainant gives consent for quashing RCC No. 130 of 2021. Learned

counsel for the parties state that the petitioner no. 2 and petitioner no.3 are

personally present in the Court so also respondent no.2 is personally present.

5.          In view of the consent affidavit for quashing the criminal

proceedings, the writ petition is allowed and the criminal proceedings

bearing RCC No. 130 of 2021 pending before the Judicial Magistrate First

Class, Ghodegaon against the petitioners nos. 1 to 3 are hereby quashed.

6.          Learned APP appearing for respondent no.1 has pointed out that

after registration of offence, investigation is completed and charge-sheet is
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also filed and at this stage, in view of the quashing, a request is made for

imposition of certain compensatory costs. Accordingly, the petitioner nos. 1

to 3 are directed to pay costs of Rs. 10,000/- (Rupees Ten Thousand Only)

each, total Rs. 30,000/- (Rupees Thrity Thousand) to be deposited in the

account of Mumbai Police Welfare Fund, bearing Account No.

465010100008693, IFSC No. UTIB0000465. The petitioners are directed to

produce the receipt showing compliance within two weeks.

7.         In view of the above, the writ petition is disposed of.

8.         List the matter only for recording compliance on 18 th September,

2026.


                                    (PRAFULLA S. KHUBALKAR, J.)




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