Sudhir Sandeep Dhumal and Ors. vs State of Maharashtra and… — Dowry and Cruelty | Bombay HC (2026)

Sudhir Sandeep Dhumal and Ors. vs State of Maharashtra and… — Dowry and Cruelty | Bombay HC (2026)

What the court decided

AI extract

Outcome

By consent of the applicants and respondent no.2, prayer clause (a) of the order dated 18 November 2025 was modified to include section 313 of the IPC; the revised prayer clause (a) reads: quash and set aside proceedings arising out of FIR No.1073 of 2023 for offences under sections 498A, 313, 323, 504, 506, 427 of IPC registered with Hinjewadi Police Station, Pune. Interim Application No.10 of 2026 disposed of in the above terms.

Issue for consideration

Whether the order dated 18 November 2025 passed in Criminal Application No.1266 of 2025 should be modified to incorporate Section 313 of the Indian Penal Code in prayer clause (a), which had been omitted inadvertently from the prayer clause although paragraph no.1 of the criminal application referred to it.

Court's answer

Having perused the record, and since the applicants admitted the inadvertent typographical error in prayer clause (a), the order dated 18 November 2025 was modified by consent of the applicants and respondent no.2.

Ratio / Principle

Prayer clause (a) as recorded in the order dated 18 November 2025 stands modified to include section 313 of the IPC, so that the revised prayer clause (a) seeks quashing of the proceedings arising out of FIR No.1073 of 2023 for offences under sections 498A, 313, 323, 504, 506, 427 of IPC registered with the Hinjewadi Police Station, Pune.

Detailed headnote1 paragraphs

Interim Application No.10 of 2026 in Criminal Application No.1266 of 2025 (High Court of Judicature at Bombay, Criminal Appellate Jurisdiction; Coram: Shree Chandrashekhar, CJ. & Gautam A. Ankhad, J.; 9 February 2026): Six applicants sought modification of the order dated 18 November 2025, by which Criminal Application No.1266 of 2025 had been allowed and proceedings arising out of FIR No.1073 of 2023 registered with Hinjewadi Police Station, Pune were quashed by consent, to incorporate Section 313 IPC in prayer clause (a) — the applicants stating that Section 313 was omitted from the prayer clause inadvertently, although paragraph no.1 of the criminal application referred to it. The learned Public Prosecutor (M.M. Deshmukh) and counsel for respondent no.2 (Aadesh Konde Deshmukh) raised no objection. Perusing the record and accepting the admitted inadvertent typographical error, the Court modified the order by consent: prayer clause (a) now reads to quash and set aside the proceedings arising out of FIR No.1073 of 2023 for offences under Sections 498A, 313, 323, 504, 506, 427 of IPC registered with Hinjewadi Police Station, Pune. The Interim Application stands disposed of in these terms.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

INTERIM APPLICATION NO.10 OF 2026 IN

CRIMINAL APPLICATION NO.1266 OF 2025

Sudhir Sandeep Dhumal ] 2. Sandeep Bapusaheb Dhumal ] 3. Ranjana Sandip Dhumal ] 4. Dhanraj Sandip Dhumal ] 5. Vishwa Dhanraj Dhumal ] 6. Manisha @ Kamal Rakesh Pawar ] .. Applicants Versus 1. The State of Maharashtra, ] Through Hinjewadi Police Station, Pune ] 2. Sayali Sudhir Dhumal ] .. Respondents

Mr. Nikhil Hire with Mr. Rohan Hogle, Mr. Nagesh Khedkar and Mr. Sainath Garade, Advocates for the Applicants.

Ms. M.M. Deshmukh, In-Charge Public Prosecutor with Mr. S.V. Gavand, Additional Public Prosecutor for Respondent No.1-State of Maharashtra.

Mr. Aadesh Konde Deshmukh, Advocate for Respondent No.2.

CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE : 9^TH FEBRUARY 2026.

P.C:

This Interim Application seeks modification of the order dated 18^th November 2025 passed by this Court, by which Criminal Application No.1266 of 2025 was allowed and proceedings arising out of the FIR No.1073 of 2023 registered with the Hinjewadi Police Station, Pune were quashed by the consent of the parties.

Mr. Nikhil Hire, the learned counsel for the applicants submits that inadvertently the applicants did not mention section

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313 of the Indian Penal Code in the prayer clause, although paragraph no.1 of the criminal application refers to the same. He therefore seeks modification of the order to incorporate section 313 of the Indian Penal Code in prayer clause (a). Ms. M.M. Deshmukh, the learned Public Prosecutor and Mr. Aadesh Konde Deshmukh, the learned advocate for the respondent no.2 have no objection to the modification sought for by the applicants.

Having perused the record and since the applicants admit to the inadvertent typographical error in the prayer clause (a), the order dated 18^th November 2025 is modified by consent of the applicants and the respondent no.2. Prayer clause (a) as recorded in the order dated 18^th November 2025, stands modified to include section 313 of the IPC and the revised prayer clause (a) shall read as under:

“a. This Hon’ble Court may please to quash and set aside the proceedings arising out of the FIR No.1073 of 2023 for offences under sections 498A, 313, 323, 504, 506, 427 of IPC, registered with the Hinjewadi Police Station, Pune on such terms and conditions this Hon’ble Court may deem fit and proper.”

Interim Application No.10 of 2026 stands disposed of in the above terms.

[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ]

Digitally signed by SNEHA SNEHAABHAY ABHAY DIXIT 65-IA-10-2026.doc DIXIT Date:2026.02.18 18:51:49 +0530

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