Bombay High Court
PRAVINKUMAR BASANTILAL CHORDIA AND ANRversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The FIR and the consequent criminal proceeding are quashed and set aside on the complainant's consent.
Summary
The applicants were charged under Section 354 IPC for allegedly breaking a garage, insulting, and threatening the complainant on 30 May 2019. The complainant (Respondent No.2) later reached an amicable settlement with the applicants and consented to the quashing of the FIR. The court examined whether a criminal proceeding for an offence under Section 354 could be set aside on the victim's consent, especially where the dispute appears to be civil in nature. Finding that continuation of the case would serve no purpose and that the victim had no objection, the court allowed the application to quash the FIR and the pending criminal proceeding. The applicants were ordered to pay a cost of Rs.1,00,000 each to the Armed Forces Battle Casualties Welfare Fund.
Issues considered
- Whether an FIR and criminal proceeding for an offence under Section 354 IPC can be quashed on the consent of the complainant after a settlement.
- Whether the nature of the dispute being civil warrants the dismissal of the criminal case.
Legislation cited
- Indian Penal Code, 1860 — s. 354
Subjects
- Section 354 IPC
- quash FIR
- victim consent
- settlement
- civil dispute
- criminal proceeding
- cost order
Judgment
PRASAD 72_APL_1170_2019.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1170 OF 2019
Pravinkumar Basantilal Chordia and Anr. …. Applicants
V/s.
State of Maharashtra and Anr. …Respondents
Mr. Harsh Ramchandani, for the Applicants.
Mr. P.P. Malshe, APP for Respondent No.1. – State.
Mr. Dheer Sampat a/w Darshan Jain, for Respondent No.2.
Mr. Umar Khan, PSI, Khar Police Station, present.
CORAM: SHYAM C. CHANDAK, J.
DATED : 10th JULY 2026
P.C.:-
. Mr. Ramchandani, learned Counsel for the Applicants, seeks
leave to amend to state details of criminal case arising out of the
impugned FIR and modify the prayer, accordinlgy.
2. Leave to amend is granted. Amendment to be carried out
forthwith.
3. Present Application seeking quashing and setting aside of an
FIR bearing C.R.No.317 of 2019 registered with Khar Police
Station, Mumbai for the offence punishable under Section 354 of
the Indian Penal Code, 1860 (for short ‘I.P.C.’) and the consequent
Criminal Proceeding No.2091/PW/2023 pending on the file of 9 th
Additional Metropolitan Magistrate, Bandra, Mumbai, on the
report filed by Respondent No.2.
Digitally signed
by PRASAD
PRASAD RAJENDRASING
RAJENDRASING RAJPUT
4. Heard learned Counsel for the parties.
RAJPUT
Date: 2026.07.20
18:22:57 +0530
5. The prosecution story is that on 30.05.2019 the Applicants
in furtherance of their common intention broke open the garage of
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PRASAD 72_APL_1170_2019.DOC
Respondent No.2. When she questioned them, they insulted her,
threatened to rape and outrage her modesty. Therefore, on the
report filed by Respondent No.2 aforesaid crime came to be
registered. On completion of investigation, charge-sheet was filed.
6. During the pendency of the Application the parties have
arrived at an amicable settlement. In view of the settlement,
Respondent No.2 has consented and given her no objection to
quash and set aside the impugned FIR. The Affidavit affirmed by
Respondent No.2 to that effect is tendered by Mr. Dheer Sampat,
the learned counsel, enclosing consent terms of settlement. It is
taken on record and marked as ‘x’ for identification purpose.
Respondent No.2 is present before the Court with her husband.
She is identified by Mr. Sampat. She has reiterated the contents of
the Affidavit and states that she has consented and has no
objection to quash and set aside the impugned FIR.
7. Considering the nature of the offence and the facts and
circumstances of the case, it appears that, there was some civil
dispute relating to the premises in question. As such, continuation
of the said criminal case will not serve any purpose. Having regard
to the nature of the offence, the prayer to quash and set aside the
impugned FIR and consequential proceedings with the consent of
Respondent No.2, cannot be denied.
8. In view thereof, Application deserves to be allowed.
9. As I have expressed my opinion for quashing of the present
crime, learned Advocates for the Applicants, on instructions,
submitted that, the Applicants will voluntarily pay a cost of
Rs.1,00,000/- each within a period of two weeks from the date of
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PRASAD 72_APL_1170_2019.DOC
uploading of the Order. The said statement is accepted as an
undertaking given to this Court.
(a) Application is allowed.
(b) FIR bearing C.R. No.317 of 2019 registered with Khar
Police Station, Mumbai for the offence punishable under
Section 354 of the I.P.C. and, consequent Criminal
Proceeding No.2091/PW/2023 pending on the file of 9 th
Additional Metropolitan Magistrate, Bandra, Mumbai, are
quashed and set aside.
10. The Applicants are directed to pay a cost of Rs.1,00,000/-
each totaling to Rs.2,00,000/- to the Armed Forces Battle
Casualties Welfare Fund’ (AFBCWF) within a period of two weeks
from the date of uploading of the present Order on the official
website of the High Court of Bombay and the payment receipt(s)
shall be submitted in the Registry of this Court.
11. 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
12. List this Application on Board on 21st August 2026, ‘for
recording compliance’.
(SHYAM C. CHANDAK, J.)
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