Rajshree Sunil AthareversusState of Maharashtra

P.H. JAYANI                                              67 WP2135.2025.DOC


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CRIMINAL APPELLATE JURISDICTION

              CRIMINAL WRIT PETITION NO. 2135 OF 2025

1. Rajshree Sunil Athare
2. Sunil Suryabhan Athare
3. Gayatri Soumya Mohapatra
4. Siddharth Sunil Athare                               …. Petitioners
       V/s.
The State of Maharashtra and anr.                      …Respondents


Mr. Chinmay K. Gunjal i/b. Adv. Aashka Shell and Adv. R. Sawant
for the Petitioners.
Mr. H.J. Dedhia, APP for the Respondent No.1 – State.
Mr. Vijaykumar Dhakane (through VC) a/w. Mr. Chinmay Bhole
for Respondent No.2.


                            CORAM:       SHYAM C. CHANDAK, J.
                            DATED :      24th SEPTEMBER, 2026

P.C. :-

1.        Present petition seeks to quash        and set-aside the
proceedings bearing R.C.C. No.4708/2025 pending before the
learned Judicial Magistrate First Class, Pune arising out of an FIR
bearing Cr.No.23/2025 registered with Kothrud Police Station,
Pune for the offence punishable under Sections 498A, 417, 323,
504 read with 34 of the Indian Penal Code, 1860 (“IPC”) on the
report dated 03.02.2025 filed by Respondent No.2 (“the victim”)
against the petitioners.

2.        Heard learned Counsel for the parties. Perused the record.

3.        Petitioner No.4 is the husband and other petitioners are in-
laws of the victim. The marriage between petitioner No.4 and the



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P.H. JAYANI                                                 67 WP2135.2025.DOC



victim was solemnized on 29.12.2015. After the marriage, she went
to cohabit in the family of the petitioners.

          It is alleged that, petitioner No.4 failed to establish physical
relations with the victim. As alleged, on 31.12.2015, in a party,
petitioner No.4 assaulted the victim due to his misunderstanding
she has caused his friends to infer that there was problem in their
married life due to him. It is alleged that the mother-in-law and
the sister-in-law used to insult her by taunting and abusing. It is
alleged that, the petitioners demanded Rs.20–25 lakh from her
parental family to start a cafe/bar business. The victim further
alleges that, prior to marriage, the other petitioners were aware of
Petitioner No.4’s physical incapacity to provide her with nuptial
bliss, but, they concealed the same and thereby deceived her. In
2019, upon disclosing the matter to her mother-in-law and
parents, the victim was allegedly asked to leave the matrimonial
home. Hence, she left on 18.12.2019 and, finally, lodged the said
FIR. Therefore, the aforesaid crime came to be registered and it
led to filing of charge-sheet.

4.       The learned Advocates for the parties state that, now, the
petitioners and the victim have amicably settled their dispute. As
per the settlement, petitioner No.4 and the victim have decided to
dissolve their marriage by decree of divorce by mutual consent. A
petition is already filed before the Family Court, Pune. The victim
has consented and has given her no objection to quash the
impugned FIR and the consequent proceedings. Mr. Dhakane,
learned Advocate tendered an Affidavit sworn by the victim to that
effect. It is taken on record and marked ‘X’.

5.       The victim is present through VC. She is identified by Mr.
Dhakane. She has reiterated the contents of the Affidavit. The

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P.H. JAYANI                                              67 WP2135.2025.DOC



victim has stated that the settlement is arrived at voluntarily with
the intervention of the family members of both sides. Therefore,
she does not want to prosecute the petitioners in the said case.
She is firm on her stand and therefore, she has given her no
objection for quashing of the impugned FIR and the consequent
criminal proceedings.

6.       In the wake of above, no purpose would be served by
continuing the criminal proceedings arising out of the subject
matter FIR. As a result, I am inclined to allow the petition.

7.       As I have expressed my opinion for quashing of the present
crime, learned Advocates for the petitioners and the victim on
instructions, submitted that, the petitioners will voluntarily pay a
cost of Rs.60,000/- and the victim will voluntarily pay a cost of
Rs.30,000/- within a period of two weeks from the date of
uploading of the Order. The said statements are accepted as an
undertaking given to this Court.

8.       Thus, the petition is allowed and following Order is passed :-

         (i)    Criminal Writ Petition No.2135 of 2025 is allowed.

         (ii)   R.C.C. No.4708/2025 pending before the learned
         Judicial Magistrate First Class, Pune arising out of an FIR
         bearing Cr.No.23/2025 registered with Kothrud Police
         Station, Pune for the offence punishable under Sections
         498A, 417, 323, 504 read with 34 of the IPC, are quashed
         and set-aside.


9.       The petitioners are directed to pay a cost of Rs.60,000/- and
the victim is directed to pay a cost of Rs.30,000/- to the Armed
Forces Battle Casualties Welfare Fund’ (AFBCWF) within a period
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                      P.H. JAYANI                                             67 WP2135.2025.DOC


                      of two weeks from the date of uploading of the present Order on
                      the official website of the High Court of Bombay and the payment
                      receipt(s) shall be submitted in the Registry of this Court. Details
                      of the bank account for payment of cost are as under :-

                               Account Name    :- Armed Forces Battle Casualties Welfare
                                                  Fund (AFBCWF)
                               Bank Name       :- Canara Bank Ltd. DoD, South Block
                               Branch Name     :- South Block, Defence Headquarters,
                                                  New Delhi – 110011.
                               Account Number :- 90552010165915
                               IFSC Code       :- CNRB0019055
                               Type of Account :- Saving

                      9.1      List this petition on 23rd October 2026, ‘for recording
                      compliance’.



  PREETI                                              (SHYAM C. CHANDAK, J.)
  HEERO
  JAYANI
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.10.05
17:25:52 +0530




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