RAJESH KUMAR SHRIVASTAVAversusTHE STATE OF MAHARASHTRA AND ANR

HEMANT
CHANDERSEN            H.C.SHIV                                                   4.W3898.26.DOC
SHIV
Digitally signed by
HEMANT
CHANDERSEN SHIV
Date: 2026.10.07
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
11:17:53 +0300                        CRIMINAL APPELLATE JURISDICTION

                                          WRIT PETITION NO.3898 OF 2026
                      Kinshuk Rajesh Srivastava                            …Petitioner
                                 V/s.
                      The State of Maharashtra                             …Respondent
                                                      WITH
                                          WRIT PETITION NO.3899 OF 2026

                      Rajesh Kumar Srivastava                              …Petitioner
                                 V/s.
                      1. The State of Maharashtra                          …Respondents
                      2. Ms. Soumya Kinshuk Shrivastava


                      Ms.Seema Pandya for the Petitioners.
                      Ms.K. T. Hiwrale, APP for Respondent-State in WP No.3898/2026.
                      Mr.Vinod Chate, APP for Respondent-State in WP No.3899/2026.
                      Ms. Rukhsana Khan for Respondent No.2


                                                  CORAM:        SHYAM C. CHANDAK, J.
                                                  DATED :       29th SEPTEMBER, 2026

                      P.C. :-

                      1.         Heard learned Counsel for the parties.

                      2.         Present petitions seek quashing of the impugned FIR bearing
                      C.R. No.8 of 2024, registered with Amboli Marg police station,
                      Mumbai for the offence punishable under Sections 498A, 406, 323,
                      34 of the Indian Penal Code,1860 (“IPC”) on the report dated 3 rd
                      January 2024, filed by Respondent No.2 (“the victim”) and
                      consequent criminal case No.476/PW/2025 pending before the
                      learned 44th Metropolitan Magistrate Court at Andheri, Mumbai.



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3.         The prosecution case is that, petitioner in Writ Petition
No.3898 of 2026 is the husband of the victim and the petitioner in
Writ Petition No.3899 of 2026, is her father-in-law. The petitioner-
husband and the victim got married with each other on 29 th April
2017. Thereafter, the victim went to cohabit in the family of the
petitioner-husband.

           It is alleged that from 29th April 2017 till 3rd January 2024, the
petitioner-husband used to quarrel with the victim on trifle issues,
when they were staying together at Texas, America. Intermittently,
the husband used to assault the victim with fist blows. He used to
taunt that her father had not raised her properly. The father-in-law
of the victim also used to taunt her targeting her family. It is alleged
that, the petitioners have misappropriated her streedhan worth
Rs.6,00,000/-. Thus, both the petitioners subjected the victim to
cruelty. Consequently, the aforesaid crime came to be registered. On
completion of the investigation, the charge-sheet came to be filed.

4.         The learned Counsel for the parties state that, now, the
matter is amicably settled between the parties. The petitioner-
husband and the victim have decided to dissolve their marriage by a
decree of divorce by mutual consent and the petition seeking said
relief is already filed with the Family Court at Bandra, Mumbai.
Thus, the parties want to part their way and move ahead in life. The
petitioner-husband has agreed to pay a sum of Rs.15,00,000/- to
the victim towards full and final settlement. As the part of the
settlement, the victim has given her consent and no objection to
quash and set aside the impugned FIR and consequent criminal
case. An affidavit sworn by the victim to the said effect has been
submitted to the Registry through e-filing.



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5.         The victim is present before the Court. She is identified by
Ms.Khan, learned Counsel. She has reiterated the contents of the
Affidavit. She states that all her disputes with the petitioner in both
petitions are resolved. She and petitioner-husband have decided to
dissolve their marriage by mutual consent. She has taken a firm
stand not to prosecute the petitioner in both petitions in the said
case and, she will maintain the said stand before the trial Court.
Therefore, no purpose would be served by continuing the
prosecution arising out of the said FIR. In view thereof, I am
inclined to allow the petitions.

6.         As I expressed my opinion for quashing of the present crime,
learned Advocate for the petitioner-husband and the victim, on
instructions submitted that, the petitioner-husband will voluntarily
pay a costs of Rs.40,000/- and the victim will voluntarily pay a
costs of Rs.40,000/-. Said statements are accepted as an
undertaking given to this Court. Hence, following order:-

           (a)   Criminal Writ Petition Nos.3898 of 2026 and 3899 of
           2026 are allowed.

           (b)   The impugned FIR bearing C.R. No.8 of 2024,
           registered with Amboli Marg police station, Mumbai for the
           offence punishable under Sections 498A, 406, 323, 34 of the
           IPC and consequent criminal case No.476/PW/2025 pending
           before the learned 44th Metropolitan Magistrate Court at
           Andheri, Mumbai, are quashed and set aside.


7.         The petitioner-husband and the victim are directed to pay a
cost of Rs.40,000/- each to the ‘Armed Forces Battle Casualties
Welfare Fund’ within a period of two weeks from the date of
uploading of the present Order on the official website of the High

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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

7.1        List this petition on 30th October, 2026 ‘for recording
compliance’.



                                (SHYAM C. CHANDAK, J.)




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