Bombay High Court

VAIBHAV CHANDRAKANT BHOIRversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 2 September 2026
Disposal: Disposed Off

Holding

The court held that, given the mutual settlement and the victim's consent, the criminal proceedings should be quashed and set aside.

Summary

The applicant, Vaibhav Chandrakant Bhoir, was charged under Section 69 of the Bharatiya Nyaya Sanhita, 2023 for allegedly deceiving a woman into a physical relationship on the pretext of marriage and then refusing to marry her. An FIR (Crime No.257 of 2026) was lodged and a Sessions case was instituted. The parties later married, and the former victim consented to withdraw the complaint, submitting an affidavit and a marriage certificate. The court examined the settlement and the victim’s consent, finding that continuation of the criminal proceedings would serve no purpose. Accordingly, the application to quash the FIR and the pending criminal case was allowed, and the matters were set aside.

Issues considered

Whether a criminal case under Section 69 of the Bharatiya Nyaya Sanhita, 2023 can be quashed on the basis of mutual settlement and the victim's consent.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 69

Subjects

criminal law
quash of FIR
Section 69 BNS
marriage fraud
victim consent
settlement
criminal procedure

Judgment

HEMANT                                                                           15.APL1480.26.DOC
CHANDERSEN
                      H.C.SHIV

SHIV
Digitally signed by
HEMANT                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CHANDERSEN SHIV
Date: 2026.09.08
                                      CRIMINAL APPELLATE JURISDICTION
11:17:48 +0300
                                        CRIMINAL APPLICATION NO.1480 OF 2026
                      Vaibhav Chandrakant Bhoir                              …Applicant
                                 V/s.
                      The State of Maharashtra & Anr.                        …Respondents


                      Mr. Abhishek Kulkarni for the Applicant.
                      Ms. S. K. Gajare, APP for Respondent No.1-State.
                      Mr. Sagar Wakale for Respondent No.2.


                                                   CORAM:       SHYAM C. CHANDAK, J.
                                                   DATED :      2nd SEPTEMBER, 2026
                      P.C. :-

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

                      2.         Present Application seeks quashing and setting aside of Crime
                      No.257 of 2026, registered with Mahatma Phule Chowk police
                      station, Thane for the alleged offence punishable under Section 69
                      of the Bharatiya Nyaya Sanhita, 2023 (“BNS”) on the report dated
                      17th April 2026, filed by Respondent No.2 (victim) against the
                      applicant and consequent Sessions Case No.336 of 2026, pending
                      before Additional Sessions Judge at Kalyan, District Thane.

                      3.         It is alleged that between February 2026 to April 2026, the
                      Applicant on the false pretext of marriage, repeatedly established
                      physical relationship with victim and thereafter, he refused to marry
                      her, therefore, the aforesaid offence came to be registered. On
                      completion of investigation, the police filed the charge-sheet.

                      4.         The learned Counsel for the parties state that the matter has
                      been amicably settled between the parties. The applicant and
                      Respondent No.2 have got married and they are staying together.

                                                        Page 1 of 2
H.C.SHIV                                                   15.APL1480.26.DOC



Therefore, she has given her consent and ‘no objection’ to quash
and set aside crime No.257 of 2026 registered with Mahatma Phule
Chowk police station, Thane and consequent criminal case.

5.         Mr.Wakale, learned Counsel for Respondent No.2 tendered
an Affidavit sworn by Respondent No.2-victim to that effect. It is
taken on record. Respondent No.2 is present before this Court. She
is identified by Mr.Wakale, learned Counsel. She has reiterated the
contents of the Affidavit. The Applicant and Respondent No.2
confirmed that they got married and their marriage certificate is
enclosed at Exhibit-B. They are happily staying together. The victim
states that she has no complaint against the Applicant, therefore,
she has given her consent to quash and set aside Crime No.257 of
2026 and consequent criminal case.

6.         In view of above, continuation of the proceedings arising out
of the aforesaid crime and consequent criminal case will not serve
any purpose. Therefore, I am inclined to allow the Application.
Hence, following Order :-

           (a)   Application No.1480 of 2026 is allowed.
           (b)   Crime No.257 of 2026, registered with Mahatma Phule
           Chowk police station, Thane for the alleged offence
           punishable under Section 69 of the BNS and consequent
           Sessions Case No.336 of 2026, pending before Additional
           Sessions Judge at Kalyan, District Thane, are quashed and
           set aside.




                                  (SHYAM C. CHANDAK, J.)




                                  Page 2 of 2

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