MANDAR MADHUKAR PATOLE AND ANRversusSTATE OF MAHARASHTRA AND ANR

                                                    908-WP-2499-2026.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION
             CRIMINAL WRIT PETITION NO.2499 OF 2026


Mandar Madhukar Patole & Anr.                          …Petitioners
      Versus
The State of Maharashtra & Anr.                        …Respondents


Mr. Shailesh Chavan, appointed through Legal Aid, for the
Petitioners.
Mr. Swapnil V. Walve, APP, for Respondent No.1-State.


                        CORAM:       MADHAV J. JAMDAR, J.
                        DATED :      11th SEPTEMBER 2026
PC:-


1.       Heard learned Counsel appearing for the Petitioner and

learned APP appearing for Respondent No.1-State.



2.       By this Writ Petition, the relief sought is seeking quashing of

D.V. proceedings bearing C.C. No.540/DV/2025 pending before the

learned Judicial Magistrate First Class 67 th Court, Metropolitan

Magistrate, Borivali, Mumbai filed under the provisions of Section

12 of the Protection of Women from Domestic Violence Act, 2005.

In the said proceedings, the following reliefs are sought:




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         “a. This Hon'ble Court takes Cognizance of the
         Application and pass all/any of the order as may
         be expedient in the circumstances of the case.



         b. To pass an Order for the Protection of the
         Applicant Prohibiting all the Respondents from
         committing any act of Domestic Violence or
         aiding and abetting the same U/s 18 (a) and (b)
         of the Protection of Women from Domestic
         Violence Act, 2005;

         c. The Respondents be restrained by a permanent
         order and injunction from entering the place of
         residence of the Applicant under section 18 (c) of
         the Protection of Women from Domestic Violence
         Act, 2005;

         d. This Hon'ble Court may be pleased to pass an
         Order for the Residence of the Applicant U/s 19
         (f) of the Protection of Women from Domestic
         Violence Act, 2005 as may be expedient in the
         circumstances of the case. The Respondent No. 1
         be ordered and directed to provide same level
         self-contained accommodation to the Applicant
         comprising of 1 bed room, hall kitchen and bath
         within Mumbai near Malad East Mumbai or in
         the alternative provide a similar Rental Premises
         to the Applicant in accordance with the income
         and standard of living of the Respondent No. 1
         and at the same level as enjoyed by the Applicant
         in the shared household and/or to pay rent of Rs.
         30,000/- for the same

         e. To pass an Order for the Monetary relief to the
         Applicant directing the Respondent No. 1 to
         provide an amount of Rs.50,000/- (Rupees Fifty
         Thousand Only) per month towards the
         maintenance to the Applicant for meeting the



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         necessary/personal expenses and/or any amount
         deemed fit and proper in the light of the facts
         and circumstances and in accordance with the
         income and standard of living of the Respondent
         No. 1 as mentioned hereinabove U/s 20 of the
         Protection of Women from Domestic Violence Act,
         2005;

         f. To pass an Order for the compensation to the
         extent of Rs. 25,00,000/- (Rupees Twenty-Five
         Lakhs Only) to the Applicant and directing all the
         Respondents jointly and/or severally to pay
         compensation or Damages on account of Mental
         Torture, Harassment, Physical suffering and
         Emotional Distress and Trauma caused by the
         acts of domestic Violence committed by all the
         Respondents and for the Physical and Mental
         Torture suffered by the Applicant U/s 22 of the
         Protection of Women from Domestic Violence act,
         2005;

         g. To pass Interim, Ad-Interim and Ex-Parte
         Orders and Reliefs in the nature of Prayer Clause
         (a) to (f) pending the hearing and final disposal
         of this Application U/s 23 of the Protection of
         Women from Domestic Violence act, 2005;



         h. To pass such other and further Order as this
         Hon'ble Court deems fit and proper in the nature
         and circumstances of the case;

         i. Cost of this Applicant be provided to the
         Applicant.



         j. Such other and further reliefs as this Hon'ble
         court deems fit and proper.”




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               3.       After perusal of the D.V. proceedings, it was found that in the

               D.V. proceedings very serious allegations are made and in fact,

               even “Mangalsutra” which, Respondent No.2 was wearing was

               removed forcibly on the second day of marriage.



               4.       As the Court has shown disinclination to entertain the

               Petition and expressed that the Writ Petition is required to be

               dismissed with heavy costs, on written instructions of the

               Petitioner, learned Counsel appearing for the Petitioner, after

               arguing the matter for some time, seeks withdrawal of the Writ

               Petition.



               5.       The said written instructions are taken on record and

               marked ‘X’ for identification.



               6.       Accordingly, the Writ Petition is allowed to be withdrawn

               and dismissed as such.




                                                            [MADHAV J. JAMDAR, J.]
       Digitally
       signed by
       SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
       2026.09.11
       18:09:15
       +0530



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