SACHIN PANDURANG DHONE AND ANRversusTHE STATE OF MAHARASHTRA AND ORS

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                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIRCUIT BENCH AT KOLHAPUR
                                               CRIMINAL APPELLATE JURISDICTION

                                              CRIMINAL WRIT PETITION NO.2839 OF 2022

                              1.         Sachin Pandurang Dhone                   ]

                              2.         Shobha Pandurang Dhone                   ]     Petitioners

                                          versus
                              1.    State of Maharashtra and others             ]      Respondents
                                                                   .....
                              Mr. Sujeet G. Kurup (through V. C.), Advocate for Petitioners.

                              Mr. Anand S. Shalgaonkar, A.P.P., for Respondent Nos.1 to 3 – State.

                              Mr. Shankar Katkar i/b Manisha Devkar, Advocate for Respondent No.4.
                                                                .....
           Digitally signed
           by SHAILAJA
SHAILAJA SHRIKANT
SHRIKANT HALKUDE
HALKUDE Date:
         2026.08.24
                                                                  CORAM : ABHAY J. MANTRI, J.
           16:37:41 +0530
                                                                  DATE  : AUGUST 20, 2026
                              PER COURT :

                              1.              Heard Mr. Kurup, learned Advocate for the Petitioners, Mr.

                              Shalgaonkar, learned A.P.P, for Respondent Nos.1 to 3 – State and Mr.

                              Katkar, learned Advocate for Respondent No.4.

                              2.              The Petitioners have invoked Section 482 of the Code of

                              Criminal Procedure, 1973 (for short, “Cr. P. C.”), to quash the First

                              Information Report bearing C.R.No.384 of 2021 registered on 13th

                              November, 2021 with Karkamb Police Station, District Solapur (for short,

                              “F.I.R”) and filing of the Charge-sheet pursuant to the said F.I.R, bearing No.

                              2 of 2022, pending before the learned Judicial Magistrate First Class,
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Pandharpur (for short, “Magistrate”) against the Petitioners for the offences

punishable under Section 498-A, 323, 504, read with Section 34 of the Indian

Penal Code, 1860 (for short, “I.P.C.”).

3.           On Perusal of the record, it appears that this Court, by order

dated 24.06.2024, granted the ‘Rule’ and the proceedings before the learned

Magistrate have been stayed. Also, it appears that during the pendency of the

Petition, it was dismissed and then restored.

4.           Learned Advocates for the Petitioners as well as the learned

Advocate for Respondent No.4 have jointly submitted that the matter has

been settled between the parties before the learned Civil Judge, Senior

Division, Pandharpur. Accordingly, they have filed Consent Terms. As per the

terms and conditions of the said Consent Terms, the parties have applied for

divorce by mutual consent and have accordingly obtained the Divorce Decree

pursuant to the said Consent Terms. As per the conditions of the said Consent

Terms, Petitioner No.1 has paid Rs.12,75,000/- towards permanent alimony

to Respondent No. 4, which Respondent No. 4 has accepted. Respondent No.

4, who is present before the Court, has admitted receipt of the said amount.

As per Condition U (in Marathi, U), the parties have agreed to withdraw all

proceedings filed against each other unconditionally. Pursuant to the said

compromise, Respondent No.4, who is present before the Court, has filed an

Affidavit dated 20th August 2026 stating that, pursuant to the mutual consent,

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she has consented to the quashing of F.I.R. No.384 of 2021 and Charge-sheet

No. 2 of 2022 filed pursuant to the said F.I.R. Her statement is accepted. The

Affidavit filed by Respondent No. 4 is taken on record.

5.           Learned Advocates appearing for the Petitioners as well as

Respondent No.4 submitted that, in view of the Consent Terms and the

Affidavit filed by Respondent No.4, F.I.R. bearing No. 384 of 2021, and the

charge-sheet bearing No.2 of      2022 filed pursuant thereto (Which was

registered as R.C.C. No.36 of 2022 pending before the learned J.M.F.C,

Pandharpur) be quashed.

6.           I have perused the record, Consent Terms filed before the

learned C. J. S. D., as well as the Affidavit filed by Respondent No.4. It

appears that, initially, on 13th November 2021, Respondent No.4 lodged a

report against the Petitioners, alleging that they had subjected her to cruelty

and caused ill-treatment to her on account of a demand for dowry. Pursuant

to the said report, an offence was registered against the Petitioners vide C.R.

No.384 of 2021. Upon completion of the investigation, a charge-sheet was

filed and numbered as R.C.C. No. 36 of 2022. The said proceeding is

presently pending before the learned Magistrate.

7.           It further appears that the matter has been settled between the

parties before the learned Civil Judge, Senior Division, Pandharpur and

pursuant to that, they agreed to withdraw all the proceedings filed against
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each other and pursuant to it, Respondent No.4, who is present in the Court

filed an affidavit consenting to quash C.R. No.384 of 2021 and R.C.C. No.36

of 2022 pending before the learned Magistrate against the Petitioners.

8.           Respondent No.4 is present before the Court and stated about

settlement as referred to above. She admits the contents of the Compromise

Deed/Consent Terms and the Affidavit.

9.           Having considered the above facts and circumstances, in my

view, Respondent No.4–complainant does not wish to prosecute the case

further. In view of this, the chances of conviction are very remote, as the

complainant is not likely to support the prosecution’s case. Moreover, the

parties have amicably settled their matrimonial dispute. Petitioner No.1 and

Respondent No.4 are young and are pursuing their respective work.

10.          In the wake of the above peculiar facts and circumstances of the

case, particularly the fact that the parties have settled their dispute and the

complainant has given her no objection to quashing of the F.I.R. and the

proceedings pending before the learned Magistrate, I deem it appropriate to

exercise the inherent jurisdiction of this Court under Section 482 of the Cr. P.

C. / Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. This Court

is vested with inherent powers to secure the ends of justice. There are no such

limitations on the exercise of these powers. In the present case, the peculiar

facts show that neither party wishes to continue with the prosecution; in
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particular, the complainant has given her no objection to quashing the F.I.R.

and the proceedings pending before the learned Magistrate. Moreover, the

nature of the offence is neither heinous nor anti-social, but the same arises

out of the marital dispute. It is worth noting that the law is meant to secure

justice, not to disrupt people's lives. Thus, in my view, there is no reason to

continue with the prosecution. As such, I am inclined to exercise the inherent

powers of this Court to quash the F.I.R. and the proceedings pending before

the learned Magistrate.

11.           As a result, the Petition is allowed in terms of prayer clauses (a)

and (b).

12.           Consequently, the F.I.R. bearing No.384 of 2021, and the

charge-sheet bearing No.2 of 2022 filed pursuant thereto, which was

registered as R.C.C. No.36 of 2022, pending before the learned J.M.F.C,

Pandharpur, against the Petitioners are hereby quashed and set aside.

13.        The Rule is made absolute in the above terms. No order as to costs.

14.        The Petition is disposed of.




                                                     (ABHAY J. MANTRI, J.)




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