Bombay High Court

VANDIT MAHESH DESAI AND ORSversusTHE STATE OF MAHARASHTRA

Decided: 29 September 2026
Disposal: Allowed

Holding

The application to quash the charge‑sheet and related proceedings was allowed, and the FIR and charge‑sheet were set aside.

Summary

The applicants, who are the husband, mother‑in‑law and sister‑in‑law of the victim, were charged under Sections 498A, 406, 323, 504, 506 read with Section 34 of the Indian Penal Code for alleged cruelty and other offences arising from a FIR filed in 2022. The victim later filed an affidavit stating that the matter had been amicably settled, that she no longer wished to prosecute, and that the parties were seeking a mutual‑consent divorce. The High Court, after hearing counsel, considered the victim’s consent and the lack of public interest in continuing the prosecution. It allowed the application to quash the charge‑sheet and all related proceedings, subject to each party paying a cost of Rs. 50,000 to the Mumbai Police Welfare Fund. The order was recorded for compliance.

Issues considered

Whether a criminal proceeding under Sections 498A, 406, 323, 504, 506 r/w 34 IPC can be quashed on the victim's consent and an amicable settlement.
Whether the court has jurisdiction to set aside a charge‑sheet in the interest of justice despite the seriousness of the offences.

Legislation cited

Indian Penal Code — s. 323, 34, 406, 498A, 504, 506

Subjects

criminal law
quash of FIR
domestic violence
cruelty
Section 498A
mutual consent divorce
victim consent
High Court of Bombay

Judgment

SA_MANDAWGAD 905 APL 1402-26.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1402 OF 2026
1.Vandit Mahesh Desai
2.Hema Mahesh Desai
3.Purva Mahesh Desai … Applicants
V/S.
State of Maharashtra and Anr. … Respondents

Ms. Samiksha Malekar i/by Abhiraj Parab, for the Applicants.
Mr. V.A. Kulkarni, APP for Respondent No.1–State.
Mr. Graham Francis, for Respondent No.2.
Mr.Naresh Ghag, PSI, Samata Nagar PS, present.

CORAM: SHYAM C. CHANDAK, J.
DATED : 29th SEPTEMBER, 2026
P.C. :-

. Heard learned Counsel for the parties. Perused the record.

2. The instant application seeks quashing and setting aside of
charge-sheet No.25/PW/2024 arising out of an FIR bearing
No.1428 of 2022, registered with Samata Nagar Police Station for
the offence punishable under Sections 498A, 406, 323, 504, 506
r/w 34 of the Indian Penal Code, 1860,(“IPC”) pending on the file
of the learned Judicial Magistrate, First Class, 17th Court at
Borivali, Mumbai, on the report dated 13.11.2022 lodged by
Respondent No.2 (“the Victim”).

3. The applicants are the husband, mother-in-law and sister-
in-law of the victim. Applicant No.1 and the victim got married to
each other on 28th December 2018. After the marriage, the victim
went to cohabit with the family of the applicants.

4. It is alleged that between 28th December 2018 to 13th
November 2022, the applicants caused cruelty to the victim on

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SA_MANDAWGAD 905 APL 1402-26.DOC

account of not giving proper respect to their guests and giving
non-satisfactory gifts in the marriage. The applicants used to insist
her to give her entire monthly salary to them. They used to taunt,
abuse and threaten her. Applicant No.1 had assaulted and abused
her for not giving him money. They compelled her to bring
domestic articles worth nine lakhs. They misappropriated her
stridhan articles. The sisters-in-law of the victim insulted the
victim by abusing her in filthy language. Therefore, the aforesaid
crime came to be registered and charge-sheet came to be filed.

5. Learned counsel for the parties state that, now, the matter
has been amicably settled between the parties. Applicant No.1 and
the victim have decided to get their marriage dissolved by a decree
of divorce by mutual consent. The petition seeking that relief has
been filed before the Family Court. Mr. Francis, learned Counsel
has tendered an Affidavit sworn by the victim. Thereby, she has
given her consent to quash and set aside the aforesaid FIR and
consequent criminal case. The Affidavit is taken on record marked
“X” for the purpose of identification.

6. The victim is present before the Court. She is identified by
Mr. Francis. She has reiterated the contents of the said Affidavit.
She states that the settlement has been arrived at voluntarily and
amicably. She and applicant No.1 have decided to part their ways,
as their the marriage has been completely broken and, there is no
possibility of an amicable settlement. The victim states that,
therefore, she does not want to prosecute the applicants in the said
case and, she would maintain the same stand before the trial
Court. In view thereof, no purpose will be served by continuing the
criminal proceedings arising out of the said FIR.

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SA_MANDAWGAD 905 APL 1402-26.DOC

7. In the wake of above, I am inclined to allow the application
in interest of justice and interest of the parties.

8. As I have expressed my opinion for quashing of the present
crime, learned Advocates for the parties, on instructions, stated
that applicant No.1 will pay a costs of Rs.50,000/- and the victim
in person states that she will pay a costs of Rs.50,000/-. The said
statements are accepted as an undertaking given to this Court.

9. As a result, the application is allowed. Hence, Order:-
(a) Charge-sheet No.25/PW/2024 arising out of an FIR
bearing No.1428 of 2022, registered with Samata Nagar
Police Station for the offence punishable under Sections
498A, 406, 323, 504, 506 r/w 34 of the IPC pending on the
file of the learned Judicial Magistrate, First Class, 17 th Court
at Borivali, Mumbai and, all consequential proceedings
arising out of the aforesaid FIR, are quashed and set aside.

10. The applicant No.1 and Respondent No.2/victim are
directed to pay a cost of Rs.50,000/- each to the ‘Mumbai Police
Welfare Fund’ 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. The payment receipt(s) shall be submitted in the
Registry of this Court. The costs is to be paid in following bank
account :-
Saving Account Name :- Mumbai Police Welfare Fund
Bank Name :- Axix Bank
Branch Name :- Lamington Road (Mumbai)
Saving Account Number :- 465010100008693
IFSC Code :- UTIB0000465

10.1. List this application on Board on 27th October, 2026, ‘for
recording compliance’.

(SHYAM C. CHANDAK, J.)

Digitally signed
by SANJAY
ASARAM
Page 3 of 3
SANJAY MANDAWGAD
ASARAM
MANDAWGAD Date:
2026.10.06
18:59:11
+0530

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