Pratik Dhanaji Kaldate vs State of Maharashtra and… — Writ and Judicial Review | Bombay HC (2025)

Pratik Dhanaji Kaldate vs State of Maharashtra and… — Writ and Judicial Review | Bombay HC (2025)

What the court decided

AI extract

Outcome

Petition allowed in terms of prayer clause (a): quashing and setting aside of the charge-sheet filed in connection with FIR No.I-191 of 2018 registered with Kasarvadavli Police Station, Thane, along with Special Case Child Protection No.318 of 2018 pending before Ld. 13 District Judge-5/Addl. Sessions Judge Thane, at Thane.

Issue for consideration

Whether FIR No.I-191 of 2018 registered with Kasarvadavli Police Station, Thane and the pending Special Case Child Protection No.318 of 2018 should be quashed in view of respondent no.2's no-objection and the amicable settlement between the parties.

Court's answer

For the reasons stated (amicable settlement evidenced by the consent affidavit), the continuance of the proceedings would not be a fruitful exercise, and Criminal Writ Petition No.3731 of 2025 is allowed in terms of prayer clause (a), i.e., quashing and setting aside the charge-sheet filed in connection with FIR No.I-191 of 2018 along with the pending Special Case Child Protection No.318 of 2018.

Ratio / Principle

The consent affidavit of respondent no.2 dated 11 December 2025 recording no objection to quashing, and its recording that the parties are leading a peaceful married life and intend to put a quietus to the proceedings, established the amicable settlement on which the quashing was founded.

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), Criminal Writ Petition No.3731 of 2025, decided 12 December 2025 — Coram: Shree Chandrashekhar, CJ. and Gautam A. Ankhad, J. (per Gautam A. Ankhad, J.). Petition under Article 226 of the Constitution of India and section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.I-191 of 2018 (Kasarvadavli Police Station, Thane) and the pending Special Case Child Protection No.318 of 2018 (Ld. 13 District Judge-5/Addl. Sessions Judge, Thane). Petitioner and respondent no.2 (victim/first informant) married on 12 September 2018 and have a seven-year-old daughter; respondent no.2 filed a consent affidavit dated 11 December 2025 recording no objection to the quashing and stating that the parties lead a peaceful married life and intend to put a quietus to the proceedings. Citing Naushey Ali v. State of U.P., (2025) 4 SCC 78 (High Court may invoke inherent power to quash even noncompoundable cases where an amicable settlement serves the interests of justice), the Court held that continuance of the proceedings would not be a fruitful exercise and allowed the petition in terms of prayer clause (a), quashing the charge-sheet and the pending Special Case.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO.3731 OF 2025

Pratik Dhanaji Kaldate, ] R/o. Manorama Nagar, Thane ] .. Petitioner

Versus

State of Maharashtra, ] Through Kasarvadavli Police Station, Thane ] 2. XYZ (Victim / First Informant) ] .. Respondents

Mr. Virendra V. Pethe, Advocate for the Petitioner.

Mrs. Mahalaxmi Ganapathy, Additional Public Prosecutor for Respondent No.1-State of Maharashtra.

Mr. Vedant Bende, Advocate for Respondent No.2.

CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J. DATE : 12^TH DECEMBER 2025.

PER, GAUTAM A. ANKHAD, J.

The present writ petition is filed under Article 226 of the Constitution of India and section 482 of the Code of Criminal Procedure, 1973 seeking quashing of First Information Report bearing No.I-191 of 2018 registered with Kasarvadavli Police Station, Thane along with Special Case Child Protection No.318 of 2018 pending before Ld. 13 District Judge-5/Addl. Sessions Judge Thane, at Thane.

The petitioner and the respondent no.2 got married on 12^th September 2018 and have been blessed with a daughter, who is now of seven years. The respondent no.2 is presently expecting the birth of their second child. The respondent no.2 had filed a

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consent affidavit dated 11^th December 2025 recording her no objection to the quashing of the FIR. The said affidavit also records that the parties are leading a peaceful married life and intend to put a quietus to the present proceedings.

The learned advocates for the parties have tendered a copy of their aadhar cards along with their marriage certificate and also the birth certificate of their daughter. The same shall form part of the records of this Court. The Hon’ble Supreme Court in “Naushey Ali v. State of U.P.” (2025) 4 SCC 78 held that the High Court can invoke its inherent power to quash criminal cases which are noncompoundable in nature, provided the court is satisfied that an amicable settlement has been reached, which serves the interests of justice. For the above reasons, the continuance of proceedings would not be a fruitful exercise and Criminal Writ Petition No.3731 of 2025 is allowed in terms of prayer clause (a), which read as under:

“(a) This Hon’ble Court may kindly be pleased to quash and set aside charge-sheet filed in connection with FIR No.I-191 of 2018 registered with Kasarvadavli Police Station, Thane along with Special Case Child Protection No.318 of 2018 pending before Ld. 13 District Judge-5/Addl. Sessions Judge Thane, at Thane.”

[ GAUTAM A. ANKHAD, J. ]

[ CHIEF JUSTICE ]

SNEHA ABHAY DIXIT

Digitally signed by SNEHA ABHAY DIXIT Date: 2025.12.25 17:16:56 +0530

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