Bombay High Court

RAUSHAN KUMAR GANESH DAS AND ORSversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 17 February 2026
Disposal: Disposed Off
Bench: ASHWIN D BHOBE

Holding

The criminal application is allowed and the FIR and charge‑sheet are quashed, subject to each party paying Rs 25,000 as costs.

Summary

The Applicants filed a criminal application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quash of FIR No. 246/2023 and the related charge‑sheet for offences under IPC sections 498A, 509, 323, 504, 506 read with 34. Respondent No. 2, the complainant, submitted an affidavit stating that the matrimonial dispute with Applicant No. 1 had been amicably resolved, a divorce petition was pending, and she had no objection to the quash. The State also agreed that continuing the prosecution would serve no purpose. Relying on Supreme Court precedents, the Court held there was no impediment to allowing the application. The Court allowed the application, quashed the FIR and charge‑sheet, and ordered each party to pay Rs 25,000 as costs. The parties were directed to deposit the costs within two weeks and furnish proof of payment.

Issues considered

Whether an FIR and subsequent criminal proceedings can be quashed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 when the complainant consents and the dispute is amicably settled.
Whether exemplary or other costs may be imposed on the parties in such a quash order.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528
Indian Penal Code, 1860 — s. 323, 34, 498A, 504, 506, 509

Subjects

quash of FIR
Section 528
amicable settlement
criminal proceedings
mariage dispute
cost order
IPC offences
public prosecution

Judgment

Gitalaxmi 34-APL-1413-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO. 1413 OF 2025

Mr. Raushan Kumar Ganesh Das And Ors. ...Applicants

Versus

The State of Maharashtra And Anr. ...Respondents
__________

Mr. Jogendra Thakur a/w Mr. Sanjeet Mishra & Mr. Arvind K. Tiwari,
learned Advocates for the Applicants.
Applicant Nos. 1 to 7 are present in the Court.

Mr. Prasanna P. Malshe, learned A.P.P. for the State/Respondent.
Mr. Amar B. Tiwari, learned Advocate for Respondent No. 2.
Respondent No. 2 is present in the Court.
__________

CORAM : ASHWIN D. BHOBE, J.
DATE : 17th FEBRUARY 2026.

P.C. :

1. Heard Mr. Jogendra Thakur, learned Advocate for the
Applicants, Mr. Prasanna Malshe, learned A.P.P. for the
State/Respondent and Mr. Amar Tiwari, learned Advocate for
Respondent No. 2.

2. This Criminal Application is preferred by the Applicants
under Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023, for quashing of the First Information Report bearing C.R. No.
246 of 2023 dated 13.03.2023 registered with Sakinaka Police
Station, Mumbai for the offences punishable under Sections
498(A), 509, 323, 504 & 506 read with Section 34 of the Indian
Penal Code, 1860 and the charge-sheet bearing Criminal Case No.
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Gitalaxmi 34-APL-1413-2025.doc

2096/PW/2023 pending before the learned Judicial Magistrate
First Class, 66th Court at Andheri, Mumbai, arising out of the said
FIR.

3. Applicant Nos. 1 to 7 are present in the Court along with
their Advocate Mr. Jogendra Thakur. Mr. Jogendra Thakur
identifies Applicant Nos. 1 to 7 and tenders photostat copies of
Aadhar Cards of Applicant Nos. 1 to 7 as photo identity proof. The
same are taken on record and marked as “X Colly.” for
identification.

4. Respondent No. 2, who is present in the Court, is identified
by her Advocate Mr. Amar Tiwari. Mr. Amar Tiwari tenders
photostat copy of Aadhar Card of Respondent No. 2 as photo
identity proof, which is taken on record and marked as “X-1” for
identification.

5. Mr. Amar Tiwari tenders an Affidavit dated 24.11.2025
affirmed by Respondent No. 2 before the Notary Advocate Mr.
Virendra Kumar Mishra, Mumbai. Same is marked as “X-2” for
identification. Respondent No. 2, who is present in the Court,
states that she has filed the said Affidavit dated 24.11.2025 (X-2)
out of her own free will and without any pressure, force or
coercion from any person. She states that the contents of Affidavit
(X-2) are as per her say. She reiterates that the dispute between
her and the Applicants is amicably resolved, as such she gives No
Objection for quashing of the criminal proceedings.

6. Mr. Jogendra Thakur and Mr. Amar Tiwari relying on the
Affidavit (X-2) filed by Respondent No. 2 submit that the
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Gitalaxmi 34-APL-1413-2025.doc

Applicants and Respondent No. 2 have amicably resolved their
dispute. They submit that Applicant No. 1 (Husband) and
Respondent No. 2 (Wife) have decided to part ways. They submit
that the Divorce Petition bearing no. F/2594/2025 is filed by
Respondent No. 2 before the Family Court, Bandra, Mumbai for
divorce by mutual consent. They submit that Respondent No. 2 has
agreed to withdraw all criminal proceedings filed by her against
the Applicants. They therefore request that the criminal
proceedings may not be continued.

7. Mr. Prasanna Malshe, learned A.P.P. for the State/Respondent
submits that though the police machinery was put in action on the
basis of the complaint filed by Respondent No. 2, however
Applicant No. 1 and Respondent No. 2 having now resolved their
matrimonial dispute and Respondent No. 2 giving her No Objection
for quashing of the criminal proceedings read with her statements
in the Affidavit (X-2), no purpose would be served by continuing
with the criminal proceedings. He therefore submits that the
impugned FIR and the criminal proceedings arising out of the
impugned FIR can be quashed. He however insists for imposition
of exemplary costs on the parties.

8. Mr. Jogendra Thakur, learned Advocate on instructions from
Applicant Nos. 1 to 7, who are present in the Court and Mr. Amar
Tiwari, learned Advocate on instructions from Respondent No. 2,
who is present in the Court, state that appropriate cost would be
paid.

9. Considering the facts as placed before me, the nature of

Page 3 of 5
Gitalaxmi 34-APL-1413-2025.doc

dispute, the matter being amicably settled between the Applicants
and Respondent No. 2, the statements made on oath by
Respondent No. 2 (Affidavit at X-2) and having regards to the
pronouncements of the Hon’ble Supreme Court in the cases of Gian
Singh v/s. The State of Punjab and Another 1, Narinder Singh and
Others v/s. State of Punjab and Another 2 and Parbatbhai Aahir
Alias Parbatbhai Bhimsinbhai Karmur and Others Vs. State of
Gujarat and Anr.3, there is no impediment in allowing this Criminal
Application.

10. In view of the above, Criminal Application is allowed in terms
of prayer clause (b) subject to payment of cost of Rs. 25,000/- by
the Applicants and Rs. 25,000/- by Respondent No. 2 as condition
precedent. Consequently, the impugned FIR bearing C.R. No. 246
of 2023 dated 13.03.2023 registered with Sakinaka Police Station,
Mumbai for the offences punishable under Sections 498(A), 509,
323, 504 & 506 read with Section 34 of the Indian Penal Code,
1860 and the subsequent charge-sheet bearing Criminal Case No.
2096/PW/2023 pending before the learned Judicial Magistrate
First Class, 66th Court at Andheri, Mumbai, arising out of the
impugned FIR, are quashed. Criminal proceedings against the
Applicants arising out of the impugned FIR and the charge-sheet
are closed.

11. Applicants shall deposit cost of Rs. 25,000/- in the following
account within a period of 2 weeks from today and furnish proof of
deposit before the Registry of this Court by filing an Affidavit of

1. (2012)10 Supreme Court Cases 303.
2. (2014)6 Supreme Court Cases 466.
3. (2017) 9 SCC 641.
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Gitalaxmi 34-APL-1413-2025.doc

compliance on or before 16.03.2026 :-

Bank Name : Axis Bank Limited
Branch Name : Worli, Mumbai (M.H.), Mumbai-400
025
Account Name : Central Police Welfare Fund, Director
General MS, Mumbai
Account Number : 914010029005759
IFSC Code : UTIB0000060

12. Respondent No. 2 shall deposit cost of Rs. 25,000/- in the
following account within a period of 2 weeks from today and
furnish proof of deposit before the Registry of this Court by filing
an Affidavit of compliance on or before 16.03.2026 :-

The High Court Employees Medical Welfare Fund at Mumbai
Account No.: 000120110001337
Bank : Bank of India
Branch : Mumbai Main
IFSC Code : BKID0000001

13. Criminal Application No. 1413 of 2025 is disposed of in the
above said terms.

[ASHWIN D. BHOBE, J.]

Digitally signed
by GITALAXMI
GITALAXMI KRISHNA
KRISHNA KOTAWADEKAR
KOTAWADEKAR Date:
2026.02.24
21:24:11 +0530

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