Bombay High Court
DR AMOL TUKARAM YAMGAR AND ORSversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code, 1860 — s. 323, 34, 406, 498, 504, 506
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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913.APL17.2026.doc
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.
Talwalkar 4
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