KRUNAL BHARAT GHOGALE AND ORSversusTHE STATE OF MAHARASHTRA AND ANR

                                                 902-APL-1471-2026.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
              CRIMINAL APPLICATION NO.1471 OF 2026


Krunal Bharat Ghogale & Ors.                         …Applicants
      Versus
The State of Maharashtra & Anr.                      …Respondents


Ms. Sheetal Gaikwad a/w. Mr. Shashwat Nehete i/b. Mr. Omkar
Bhalal, for the Applicants.
Mrs. M. R. Tidke, APP, for the Respondent-State.
Ms. Seema Pandya, for Respondent No.2.


                       CORAM:      MADHAV J. JAMDAR, J.
                       DATED :     18th SEPTEMBER 2026
P. C.:


1.       At the outset, Ms. Gaikwad, learned Counsel appearing for

the Applicants seeks leave to amend the cause-title by making

certain corrections.



2.       Accordingly, leave as aforesaid is granted. Amendment be

carried out forthwith. Re-verification is dispensed with.



3.       By this Criminal Application filed under Section 528 of the

Bhartiya Nagarik Suraksha Sanhita, 2023 (“BNSS”)/Section 482 of

the Code of Criminal Procedure, 1973, the Applicants are seeking




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quashing of FIR bearing C.R. No.58 of 2025 registered with

Nayanagar Police Station, Mira Bhayandar under Sections 85, 352,

351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).

The Application has been filed for quashing of the said C.R. by

consent. The relevant averments are to be found in paragraph

Nos.4 to 7 of the Application, which read as under:



         “4. The Applicants submit that all disputes and
         differences between Applicant No.1 and
         Respondent No.2 have been amicably resolved
         and settled out of Court. Pursuant thereto,
         Consent Terms dated 13.07.2026 have been duly
         executed between the parties and have been filed
         before the Hon'ble Family Court at Bandra. A copy
         of the said Consent Terms is annexed hereto and
         marked as "EXHIBIT C."

         5. The Respondent No.2 has agreed to remain
         personally present before this Hon'ble Court,
         along with her learned Advocate, at the time of
         hearing of the present Criminal Application and
         has further agreed to file an Affidavit recording
         her consent and expressing her no objection to
         the quashing of the aforesaid F.I.R. and all
         consequential proceedings arising therefrom.

         6. The Applicants state that, in view of the
         aforesaid Consent Terms and the amicable
         settlement arrived at between the parties,
         Respondent No.2 does not wish to prosecute the
         matter any further. Accordingly, Respondent No.2
         has executed an Affidavit recording her
         unconditional consent and no objection for




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            quashing F.I.R. bearing C.R. No.58 of 2025
            registered with Nayanagar Police Station and the
            criminal proceedings arising therefrom, being
            R.C.C. No.0002045 of 2025. A copy of the said
            Consent Affidavit is annexed hereto and marked
            as "EXHIBIT D."

            7. The Applicants submit that in view of the
            amicable settlement, the execution of the Consent
            Terms and the Consent Affidavit of Respondent
            No.2 expressing her unequivocal desire not to
            proceed further with the criminal case, no useful
            purpose would be served by continuing the
            prosecution. It is therefore just, fit and proper that
            this Hon'ble Court be pleased to quash and set
            aside F.I.R. bearing C.R. No.58 of 2025 registered
            with Nayanagar Police Station and all
            consequential proceedings arising therefrom,
            including R.C.C. No.0002045 of 2025 pending
            before the learned Judicial Magistrate First Class,
            Mira Bhayandar, in exercise of its extraordinary
            jurisdiction under Articles 226 and 227 of the
            Constitution of India read with Section 528 of the
            Bharatiya Nagarik Suraksha Sanhita, 2023.”


4.       A separate Consent Affidavit of the Respondent No.2 dated

25th August 2026 has also been filed in this Criminal Application.

The Respondent No.2-Sharvari Krunal Ghogale is personally

present in Court. She states that the dispute is of matrimonial

nature and she has settled the dispute with the Applicants.



5.       The Applicant No.1, husband and the Applicant No.2, the

mother-in-law of Respondent No.2 as well as the Respondent No.2




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are personally present in the Court and they state that they have

settled the dispute in terms of the Consent Terms, which are filed

in the Family Court at Bandra, Mumbai, in Petition No.A-1093 of

2025, which are annexed at Exhibit ‘C’ (Pages 19 to 22) of the

Application. The Consent Terms records that the Applicant No.1

and the Respondent No.2 have decided to get divorce by mutual

consent by converting the said Petition in Mutual Consent Divorce

Petition under Section 13(B) of the Hindu Marriage Act, 1955 on

the various terms and conditions set out in the said Consent Terms

including clause No.4, which reads as under:



            “4. It is agreed between the parties that after
            filing the Consent terms the Petitioner shall file a
            Petition before the Hon’ble Bombay High Court
            for quashing of the F.I.R bearing No.58 of 2025
            registered by Respondent u/s 498A, now bearing
            Court Case No.R.C.C/0002045/2025 pending
            before Civil Judge, Junior Division, Mira
            Bhayandar. The Respondent agrees to file her
            Affidavit of No-Objection for quashing of the said
            F.I.R., and the corresponding Court case. The
            Respondent agrees to personally remain present
            accompanied by her Advocate at the time of
            hearing of the said quashing proceedings.”


6.       The present Application is filed in terms of the said Consent

Terms. As noted earlier, the Respondent No.2, who is personally

present in Court states that the dispute is settled and gives her



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                    consent for quashing the FIR and even the Consent Affidavit of the

                    Respondent No.2 has also been filed in this Court.



                    7.       As the dispute is of matrimonial nature and as the

                    Respondent No.2 i.e. the First Informant has given consent for

                    quashing of the FIR, the Application is allowed in terms of prayer

                    clause (a), which reads as under:



                                “a) To quash and set aside F.I.R. bearing C.R.
                                No.58 of 2025 registered with Nayanagar Police
                                Station for the offences punishable under Sections
                                3(5), 85, 351 and 352 of the Bharatiya Nyaya
                                Sanhita, 2023, together with all consequential
                                proceedings arising therefrom, including R.C.C.
                                No.0002045 of 2025 pending before the learned
                                Judicial Magistrate First Class, Mira Bhayandar.”


                    8.       Thus, the FIR bearing C.R. No.58 of 2025 together with all

                    consequential      proceedings   including    the   chargesheet     filed

                    concerning the said FIR, are also quashed.



                    9.       Accordingly, the Criminal Application is disposed of in above

                    terms.




       Digitally                                                 [MADHAV J. JAMDAR, J.]
       signed by
       SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
       2026.09.19
       11:25:59
       +0530

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