Rekha Wd/O Ashok Pachkawade and Ors. vs State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

Rekha Wd/O Ashok Pachkawade and Ors. vs State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed in terms of prayer clause (2) and amended prayer clause (2A), i.e., quashing of R.C.C. No.729 of 2025 arising out of C.R. No.298 of 2024 registered with Ravet Police Station, Pimpri Chinchwad Police Commissionerate.

Issue for consideration

Whether the Application under Section 528 of BNSS, 2023 for quashing of R.C.C. No.729 of 2025, arising out of C.R. No.298 of 2024 dated 24th July, 2024 registered with Ravet Police Station, Pimpri Chinchwad Police Commissionerate (offences under Sections 498-A, 377, 323 and 504 read with Section 34 IPC), should be allowed in view of the Deed of Settlement dated 22nd April, 2025 and the no objection of Respondent No.2, the first informant.

Court's answer

The Application is allowed in terms of prayer clause (2) and amended prayer clause (2A), i.e., the quashing of R.C.C. No.729 of 2025 arising out of C.R. No.298 of 2024, in view of the Deed of Settlement dated 22nd April, 2025 between the Applicants and Respondent No.2 and Respondent No.2's reiterated 'No Objection' for quashing of the crime in question.

Ratio / Principle

The Court recorded that Respondent No.2, appearing through Video Conferencing facility and through her Advocate, reiterated the contents of her Affidavit dated 8th August, 2025 and her 'No Objection' for quashing of the crime in question.

Detailed headnote1 paragraphs

Application under Section 528 of BNSS, 2023 by five Applicants — husband (Applicant No.5), mother-in-law (Applicant No.1), brother-in-law (Applicant No.2), sister-in-law (Applicant No.3) of Respondent No.2 and the husband of Applicant No.3 (Applicant No.4) — for quashing of R.C.C. No.729 of 2025, arising out of C.R. No.298 of 2024 dated 24th July, 2024 registered with Ravet Police Station, Pimpri Chinchwad Police Commissionerate, for offences punishable under Sections 498-A, 377, 323 and 504 read with Section 34 of the Indian Penal Code; Respondent No.2 is the first informant. Leave to amend to incorporate the challenge to R.C.C. No.729 of 2025 in the pleadings and prayer clauses was granted. A Deed of Settlement was executed on 22nd April, 2025 between the Applicants and Respondent No.2 and submitted before the Sessions Court at Vadgaon Maval in Criminal Miscellaneous Application No.52 of 2024. Respondent No.2 tendered an Affidavit dated 8th August, 2025, duly affirmed before a Notary Public, stating that she had no objection to quashing of the crime, and, appearing through Video Conferencing facility and through her Advocate, reiterated the contents of her affidavit and her 'No Objection'. Held: in view of the settlement and the no objection of the first informant, the Application is allowed in terms of prayer clause (2) and amended prayer clause (2A).

ssm 1 4-apl1768.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION (APL) NO. 1768 OF 2024

Rekha Wd/o. Ashok Pachkawade & Ors. …..Applicants Vs. State Of Maharashtra & Anr. …..Respondents

Mr. Atul Pande a/w. Adv. Amita Chaware for the Applicants. Mr. Ashish I. Satpute APP, for the Respondent-State. Mr. Balasaheb Deshmukh for the Respondent No.2.

CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ. DATE : 22^nd AUGUST, 2025.

P.C.:-

Leave to amend to incorporate challenge to R.C.C. No.729 of 2025, arising out of C.R. No.298 of 2024 dated 24th July, 2024 registered with Ravet Police Station, Pimpri Chinchwad Police Commissionerate, in the pleadings and prayer clauses, granted.

1.1) Amendment be carried out forthwith and in any event, during the course of the day.

Husband (Applicant No.5); mother-in-law (Applicant No.1) brother-in-law (Applicant No.2); sister-in-law (Applicant No.3) of Respondent No.2 and husband of Applicant No.3 (Applicant No.4), have filed present Application under Section 528 of BNSS, 2023, for quashing of R.C.C. No.729 of 2025, arising out of C.R. No.298 of 2024 dated 24 th July, 2024 registered with Ravet Police Station, Pimpri Chinchwad Police

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ssm 2 4-apl1768.2024.doc

Commissionerate, under Sections 498-A, 377, 323 and 504, read with Section 34 of the Indian Penal Code with the consent of Respondent No.2, first informant.

Mr. Deshmukh, learned Advocate for the Respondent No.2 tendered across the bar an Affidavit dated 8th August, 2025 of Respondent No.2, duly affirmed before a Notary Public. It is stated therein that, a Deed of Settlement is executed on 22nd April, 2025 between the Applicant and Respondent No.2 and is submitted before the Sessions Court at Vadgaon Maval in Criminal Miscellaneous Application No.52 of 2024. That, in pursuance of the said Settlement Deed, the Respondent No.2 has no objection for quashing of the crime in question. It is stated that, she has understood the contents of the present Affidavit. It is further stated therein that, after being understood the contents of the present Affidavit, she has executed the said Settlement Deed.

3.2) Respondent No.2 is appearing through Video Conferencing facility and through her Advocate reiterates the contents of her Affidavit dated 8th August, 2025 and her ‘No Objection’ for quashing of the crime inquestion.

In view of the above, Application is allowed in terms of prayer clause (2) and amended prayer clause (2A).

(RAJESH S. PATIL, J.) (A.S. GADKARI, J.)

Digitally signed by SANJIV SANJIV SHARNAPPA SHARNAPPA MASHALKAR MASHALKAR Date: 2025.09.08 18:55:14 +0530

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