Prasad Devendra Gonjari and Anr. Vs State of Maharashtra… — Dowry and Cruelty | Bombay HC (2025)

Prasad Devendra Gonjari and Anr. Vs State of Maharashtra… — Dowry and Cruelty | Bombay HC (2025)

What the court decided

AI extract

Outcome

Quashing and setting aside of FIR C.R. No. 90 of 2021 dated 30/11/2021 (offences under Sections 498-A, 323, 504, 506 and 34 IPC) and of the charge-sheet dated 28/01/2022 filed in the said C.R. at Dhebewadi Police Station, in terms of prayer clauses (a) and (a-1); application stands disposed of.

Issue for consideration

Whether the FIR C.R. No. 90 of 2021 and the resulting charge-sheet against the Applicants, arising out of a matrimonial dispute, should be quashed in view of the amicable settlement between the parties and the consent/'No Objection' of Respondent No. 2 (original complainant).

Court's answer

Continuing the criminal prosecution of the Applicants would serve no fruitful purpose and would only add to the agony of the parties, as the dispute is purely a matrimonial dispute.

Ratio / Principle

On the strength of the settlement, the consent affidavit of Respondent No. 2 and the signed consent terms (including resort to mutual-consent divorce under Section 13-B of the Hindu Marriage Act), the Criminal Application is allowed in terms of prayer clauses (a) and (a-1), i.e., the FIR C.R. No. 90 of 2021 dated 30/11/2021 and the charge-sheet dated 28/01/2022 are quashed and set aside.

Detailed headnote1 paragraphs

Quashing of FIR/charge-sheet — matrimonial dispute — Bombay High Court (Kolhapur Circuit Bench), Criminal Application No. 330 of 2022 (M. S. Karnik & Ajit B. Kadethankar, JJ.; decision date December 19, 2025). During pendency of the application the parties arrived at an amicable settlement and agreed to apply for divorce by mutual consent under Section 13-B of the Hindu Marriage Act pursuant to signed consent terms for full and final settlement; Respondent No. 2 (original complainant), present in Court and identified, filed an affidavit giving consent and 'No Objection' to quashing. Affidavits marked 'X' and consent terms marked 'X-1'. Court held that continuing prosecution of the Applicants would serve no fruitful purpose and only add to the parties' agony since the dispute is purely matrimonial. Application allowed in terms of prayer clauses (a) and (a-1): FIR C.R. No. 90 of 2021 dated 30/11/2021 (Sections 498A, 323, 504 and 506 read with 34 of IPC; Dhebewadi Police Station; prayer clause (a) refers to Pandharpur City police station) and charge-sheet dated 28/01/2022 quashed and set aside; application disposed of.

921 Apl-330-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO. 330 OF 2022

Prasad Devendra Gonjari and Others. ...Applicants. Versus The State of Maharashtra and Another. ...Respondents.

Mr. Sarang S. Aradhye (thr. V.C.), Shantanu Gurav, Gouri Velankar for Applicants. Ms. Sonali Chavan for the Respondent No. 2. Mr. A. A.Naik, APP for the Respondent-State.

——————

Coram : M. S. Karnik & Ajit B. Kadethankar, JJ. Date : December 19, 2025.

P. C. :

1. Learned Counsel for the parties submitted that during the pendency of aforesaid Criminal Application, parties have arrived at amicable settlement and decided to put an end to all disputes. The Respondent No.2 has iled an aidavit giving consent and “NoObjection” for quashing the subject FIR bearing C.R. No. 90 of 2021 registered at Dhebewadi Police Station for the ofences punishable under Sections 498A, 323, 504 and 506 read with 34 of IPC.

2. The Respondent No.2 (original complainant) is present in Court and is identiied by the advocate on record for the Respondent No. 2.

3. Aidavit iled by the Respondent No. 2 records that parties have decided to settle all issues between them and have agreed to apply for

1 of 2

Patil-SR

921 Apl-330-2022.doc

divorce by mutual consent under Section 13-B of the Hindu Marriage Act and have arrived at consent terms for full and inal settlement.

4. Aidavits of the parties are taken on record and marked “X” for identiication. Consent terms between the Applicant No.1 and Respondent No. 2 are duly signed by parties as well as by their respective advocates. The same are taken on record and marked “X-1” for identiication.

5. In such view of the matter, continuing the criminal prosecution of Applicants will only add to the agony of parties. No fruitful purpose will be served by keeping the proceedings pending. Dispute is purely a matrimonial dispute.

6. In the circumstances, application is allowed in terms of prayer clauses (a) and (a-1), which read thus :

“(a) That by appropriate orders as well as directions of this Hon'ble Court, the irst information report (FIR) registered against the Petitioners at the behest of the Respondent No.2/Original informant at Pandharpur City police station being CR No. 90 of 2021 Dated 30/11/2021 under sections 498-A, 323, 504, 506 and 34 of Indian Penal Code, be quashed and set aside;

(a-1) That by appropriate Orders as well as directions of this Hon'ble Court the Charge-Sheet iled against the Applicants at Dhebewadi Police Station dated 28/01/2022 in C. R. No. 90 of 2021 registered with Dhebewadi Police Station, for ofences punishable under Section 498-A, 323, 504, 506 read with Section 34 of Indian Penal Code, be quashed and set aside”

7. Application stands disposed of.

[Ajit B. Kadethankar, J.] [M. S. Karnik, J.]

2 of 2

Patil-SR