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Bombay High Court

DR AMOL TUKARAM YAMGAR AND ORSversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The petition is allowed and the FIR and charge‑sheet are quashed.

Summary

The applicants filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quash of FIR No. 0106 of 2023 and the charge‑sheet RCC/3850/2023 relating to offences under Sections 498A, 406, 323, 504, 506 and 34 IPC. The dispute arose from a matrimonial conflict between the husband (Applicant No.1) and the wife (Respondent No.2), which the parties claim has been amicably resolved and they now live together with a child. Respondent No.2 executed an affidavit stating her free‑will consent to the quash of the proceedings, and the State’s APP supported the petition. The Court, relying on precedents such as Gian Singh v. State of Punjab and others, held that there is no impediment to granting the relief when the victim consents and the dispute is settled. Consequently, the petition was allowed and the FIR and charge‑sheet were quashed without any order as to costs.

Issues considered

  • Whether an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 can be entertained to quash criminal proceedings when the alleged victim consents and the dispute is resolved.
  • Whether the FIR and charge‑sheet filed under the specified IPC sections can be set aside on the ground of amicable settlement between the parties.

Legislation cited

Subjects

  • quash of criminal proceedings
  • Section 528
  • victim consent
  • matrimonial dispute
  • FIR quash
  • Indian Penal Code
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

             Digitally signed
             by ARUNA
ARUNA     SANDEEP
SANDEEP   TALWALKAR
TALWALKAR Date:
             2026.02.10
             11:26:13 +0530
                                                                 913.APL17.2026.doc



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CRIMINAL APPELLATE JURISDICTION
                        CRIMINAL APPLICATION NO. 17 OF 2026


Amol Tukaram Yamgar & Ors.                                … Applicants.
            V/s.
The State of Maharashtra & Anr.                           … Respondents.
                                               ---

Mr. Rahul Hande, Mr. Rahul Hande, Ms. Prajakta Khedekar,
Advocate for Applicants.
Mr. Digvijay S. Kachare a/w. Mr. Anay Joshi i/b. Ms. Saili Dhuru,
Advocate for Respondent No. 2.
API Shirke, Vartaknagar Police Station.
Mr. Tanveer Khan, APP for Respondent/State.
                               -------

                                CORAM :   ASHWIN D. BHOBE, J.
                                 DATE :   6th FEBRUARY, 2026.


P.C. :



1.                     This Application under Section 528 of the Bharatiaya

Nagarik Suraksha Sanhita, 2023 is preferred by the Applicants against

the FIR bearing No. 0106 of 2023 registered with Vartak Nagar Police

Station, Thane for offences punishable under Section 498(A), 406, 323,

504, 506, read with Section 34 of Indian Penal Code and the charge-

sheet registered as C.C. No. RCC/3850/2023 pending on the file of 4 th Jt.

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                                                            913.APL17.2026.doc



Civil Judge, J.D. Judicial Magistrate of First Class at Thane, arising out

of the said FIR.



2.            Applicant No. 1 is present in person. Applicant Nos. 2 to 7

are appearing      through V.C. Mr. Rahul Hande, Advocate for the

Applicants identifies the Applicants and tenders their photo identity

cards (7 nos.), same are taken on record and collectively marked as “X

colly.” for identification.



3.            Respondent No. 2 is present in the court with her Advocate

Mr. Digvijay S. Kachare. He tenders photo identity card of Respondent

No. 2, same is taken on record and marked “X-1” for identification.



4.            Mr. Rahul Hande and Mr. Digvijay Kachare state that

matrimonial dispute between the Applicants and Respondent No. 2 is

resolved and the Respondent No. 2 alongwith Applicants are residing

happily together in the matrimonial house. They submit that out the said

wedlock, the Applicant No. 1 (husband) and Respondent No. 2 (wife)

are blessed with a child. In view of the resolution of the dispute, they

submit that the Respondent No. 2 has no objection for quashing of the

criminal proceedings.



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                                                              913.APL17.2026.doc



5.             Mr. Digvijay S. Kachare tenders affidavit dated 3 rd

February, 2026 affirmed by Respondent No. 2 before Notary Shane

Cardoz, same is taken on record and marked as “X-2” for identification.

Respondent No. 2 states that the affidavit (“X-2”) is filed by her out of

her free will and without any pressure from any person. She states that

the contents of the affidavit (“X-2”) are as per her say. She reiterates her

statements and states that she has no objection for quashing of the

proceedings.



6.             Mr. Tanveer Khan, learned APP for the State submits that in

view of the statements made by the Respondent No. 2 in the affidavit

(“X-2”) of having amicably resolved the matter with the Applicants,

criminal proceedings which are subject matter of this petition can be

quashed.



7.             Considering the afore referred circumstances, the nature of

dispute which is amicable resolved between parties, the statements made

by the Respondent No. 2 in her Affidavit ("X-2") and having regards to

the judicial pronouncements in the case of Gian Singh v. State of

Punjab1, Narinder Singh & ors v. State of Madhya Pradesh2,


1(2012) 10 SCC 303
2      2025 SCC Online SC 466


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Parbatbhai Aahir Alias Parbatbhai Bhimsinbhai Karmur and Others

Vs. State of Gujarat and Anr.3 and Sandeep Singh Thakur Vs. State of

Madhya Pradesh & Anr.4, there is no impediment if this Petition is

allowed.



8.             This Petition is therefore allowed in terms of prayer clauses

(b) and (c). Consequently, the FIR No. 0106 of 2023 registered with

Vartak Nagar Police Station and the Charge Sheet bearing No,

RCC/3850/2023 pending before the 4th Jt. Civil Judge, J.D. Judicial

Magistrate of First Class at Thane are quashed.



9.             No orders as to costs.



                                        (ASHWIN D. BHOBE, J.)




3(2017) 9 SCC 641
42025 SCC OnLine SC 2927.


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