Bombay High Court

SNEH BHARATBHAI SHAH AND ANRversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 2 April 2026
Disposal: Disposed Off
Bench: ASHWIN D BHOBE

Holding

The Court held that where the parties to a matrimonial dispute have amicably settled and the complainant consents, the FIR and charge-sheet can be quashed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita.

Summary

The Applicants filed an application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023, seeking quash of FIR No. 233 of 2021 and the related charge-sheet, alleging that the matter was a matrimonial dispute between Smit Shah and Respondent No.2 that had been amicably settled. Respondent No.2 submitted an affidavit expressing no objection to the quash and confirming a Memorandum of Understanding reflecting settlement. The State did not oppose the quash but sought exemplary costs, citing the misuse of police machinery. The Court, relying on Supreme Court precedents, held that there was no useful purpose in continuing prosecution where the parties consented to settlement. Accordingly, the application was allowed, the FIR and charge-sheet were quashed, and each party was ordered to pay Rs. 50,000 as costs.

Issues considered

Whether an FIR arising from a matrimonial dispute can be quashed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita when the parties have settled and the complainant consents.
Whether the consent of the complainant and a settlement agreement constitute sufficient ground for quashing criminal proceedings.
Whether exemplary costs may be imposed on the parties despite the settlement.

Legislation cited

Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 528

Subjects

quash of FIR
section 528
settlement
matrimonial dispute
consent of parties
exemplary costs
criminal procedure
Bhartiya Nagarik Suraksha Sanhita

Judgment

Digitally
signed by
LAXMIKANT
LAXMIKANT GOPAL (916) WP-555.26.DOCX
GOPAL CHANDAN
CHANDAN Date:
2026.04.09
10:13:17
+0530 lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO.555 OF 2026

Sneh Bharatbhai Shah & Anr. : Applicants
Versus
State of Maharashtra and anr. : Respondents.

-----
Mr. Virendra V Pethe for the Applicant.
Mr. Ameet Palkar, APP for the Respondent/State
Mr. Harsh Shinde a/w Mr. Ameet Mehta, Sheetal Pandya and
P Savji i/by M/s. Solicis Lex for the Respondent No.2.
-------

CORAM : ASHWIN D. BHOBE, J.

DATED : 02 APRIL 2026
PC:-

1. Heard Mr. Virendra Pethe, learned Advocate for the
Applicants, Mrs. Anuja Gotad, learned APP for the
Respondent/State and Mr. Harsh Shinde, learned Advocate for
Respondent No.2.

2. This Application under Section 528 of the Bhartiya
Nagarik Suraksha Sanhita, 2023, is filed by the Applicants for
quashing FIR No. 233 of 2021 (impugned FIR) dated 27 th
March 2022, registered with Malad Station, and the charge
sheet registered as Case No. 581/PW/2023 pending before
the Additional Chief Metropolitan Magistrate, 24th Court,
Borivali.

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3. Mr. Virendra Pethe, learned Advocate for the Applicants,
and Mr. Harsh Shinde, learned Advocate for Respondent No.2,
submit that the subject matter of the impugned FIR was
primarily a dispute between Smit Shah (son of Applicant No.2
and brother of Applicant No. 1) and the Respondent No.2 .
They state that Respondent No.2 had filed another complaint
at Dinodshi Police Station on 8th August 2021 for cheating
against Smit Shah and his relatives, which was registered as
FIR No. 653 of 2021. They state Applicants are also accused
in FIR No. 653 of 2021. They submit that FIR No. 653 of 2021
is quashed by the consent of the parties in view of the
settlement. They submit that Smit Shah and Respondent No. 2
had a relationship and eventually married. However, they
submit that the marriage did not meet the required legal
formalities and therefore, a petition has been filed before the
Court Family Court, Bandra, for its annulment. They submit
that the deterioration in the relationship between Smit Shah
and Respondent No. 2 led to the filing of the complaint,
resulting in the impugned FIR. They submit that the
Applicants and Respondent No.2 have amicably resolved the
matter, and Respondent No.2 has given her no objection to the
quashing of the criminal proceedings in her affidavit dated 2 nd
April 2026.

4. Applicant 2 is present in Court, whereas Applicant No.1
appears through V. C. Applicants are identified by their
Advocate Virendra Pethe. He tenders the photostat copies of

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the Applicants’ Identity Cards, which are taken on record and
marked as “X-Colly” for identification.

5. Respondent No.2 is present in the Court and is
identified by her Advocate Mr. Harsh Shinde. He tenders the
Photostat copy of Respondent No.2’s Identity Card, which is
taken on record and marked as “X-1” for identification.

6. Mr. Harsh Shinde, learned Advocate for Respondent No.
2, states that the Affidavit dated 2nd April 2026, affirmed by
Respondent No. 2 before Notary Sheetal Hemant Pandya,
Mumbai, is placed on record. The same is marked as “X-2” for
identification.

7. Respondent No. 2 states that her purported marriage
with Smit Shah – the son of Applicant No. 2 and the brother
of Applicant No. 1, is a nullity and therefore she has applied
before the Family Court seeking a declaration that the said
marriage is null and void. She states that the dispute between
her and the Applicants is amicably resolved. She states that
she wants to continue with her life and lead it peacefully. She
states that the said Affidavit (X-2) is filed of her own free will
and without any pressure or coercion from anyone. She states
that the contents of the Affidavit (X-2) reflect her own
statements. She reiterates her no objection to the quashing of
the criminal proceedings. She states that she is not interested
in continuing with the criminal proceedings and wishes to end
them. She relies on paragraphs 3 to 8 of her Affidavit (X-2),
which are transcribed herein below verbatim: -

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“3. 1 say that the Applicants and I have amicably reached a
final settlement of our disputes and accordingly I have
executed Memorandum of Understanding (MOU) dated
11.03.2026 with Applicant's brother i.e. Mr. Smit Shah
reflecting such settlement, pursuant to which I and the
Applicants withdraw all kind of claims and allegations
against each other and agree to withdraw all cases against
each other, which have been specified in the Memorandum
of Understanding (MOU). I further say that the
Memorandum of Understanding (MOU) shall be treated
and considered as Consent Terms and be read accordingly.
Hereto annexed is a copy of the Memorandum of
Understanding (MOU) dated 11.03.2026 as "Annexure A".

4. I say that as per the Memorandum of Understanding
(MOU), it has been agreed between the parties among
other terms and conditions stated therein, as under :-

a. That the brother of the Applicant no.1 i.e. Mr. Smit Shah
has agreed to amend his Written Statement filed in Petition
No.A-2929/2021 pending before the Hon'ble Family Court
Bandra, Mumbai. Further, the brother of the Applicant no.1
i.e. Mr. Smit Shah has agreed to co-operate to get a Decree
on admission in the above matter on admission and denial
of the fact that the purported marriage dated 03.06.2021
was not performed as per Hindu Vedic Rites.

b. It is agreed between both the parties that, the brother of
the Applicant no.1 i.e. Mr. Smit Shah prior to the
amendment of Written Statement in Petition No.A-
2929/2021 pending before the Hon'ble Family Court
Bandra, Mumbai the brother of the Applicant no.1 i.e. Mr.
Smit Shah and his relatives shall file quashing proceedings
before the Hon'ble Bombay High Court in case no.
6703223/PW/2022 2400581/PW/2023 pending & case
по. before Hon'ble Metropolitan Magistrate Court Borivali,
Mumbai wherein the Respondent no.2 is the original
Complainant.

c. It is agreed between both the parties that, the brother of
the Applicant no. 1 i.e. Mr. Smit Shah prior to the decree of
admission Written Statement amendment the Respondent
no.2 shall file her Affidavit of consent for quashing the case
no. 6703223/PW/2022 & case no. 2400581/PW/2023 and
shall give the consent for withdrawal of the above two
matters prior to the passing of the admission of decree in
Petition No.A-2929/2021 pending before the Hon'ble
Family Court, Bandra, Mumbai.

d. It is agreed between both the parties that, the brother of
the Applicant no.1 i.e. Mr. Smit Shah shall amend the

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marriage Petition No.A-2929/2021 and co-operate for
decree of nullity immediately within the period of 3 days
after quashing of case no. 6703223/PW/2022 & case no.
2400581/PW/2023.

5. I say that, it is expressly agreed and decided between the
brother of the Applicant no.1 i.e. Mr. Smit Shah and me,
that neither party shall deviate from the said Memorandum
of Understanding (MOU) and that the said terms shall be
binding upon the parties thereto.

6. I say that there are no subsisting grievances between
myself and the Applicants and that all past disputes and
differences have been amicably settled between us.

7. I say that there is no force, undue influence or coercion
exerted upon me, and I have executed the Memorandum of
Understanding (MOU) at own free will.

8. I therefore have no objection if the Hon'ble Court is
pleased to quash the FIR and all consequential proceedings
arising therefrom.”

8. Mr. Ameet Palkar learned APP for the Respondent/State
submits that the Applicants and Respondent No.2 having
amicably resolved their dispute, which appears to be a
matrimonial matter, he does not oppose the quashing of the
impugned FIR and the charge-sheet arising from it. However,
he insists on imposing exemplary costs on the parties, on the
ground that the matrimonial dispute being dragged into the
police and the police machinery being set in motion warrant
this.

9. Mr. Virendra Pethe, learned Advocate for the Applicants
and Mr. Harsh Shinde, learned Advocate for the Respondent
No.2 on instructions, submit that appropriate costs would be
paid.

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10. Considering the facts mentioned above, the submissions
of the learned Advocates for the parties, the subject matter of
the impugned FIR being a matrimonial dispute between Smit
Shah (son of Applicant No.2 and brother of Applicant No. 1)
and Respondent No.2, which has now been resolved between
them, as the parties have applied to the Family Court for
seeking nullity of the marriage and Respondent No.2 having
expressed her desire to continue her life peacefully, along with
the statements made by Respondent No.2 in the Affidavit (X-
2), no useful purpose will be served by continuing the
criminal prosecution. Having regard to the pronouncements of
the Hon’ble Supreme Court in Gian Singh vs State Of Punjab 1,
Narinder Singh And Ors vs State Of Punjab And Anr 2 and
Parbatbhai Aahir @ Parbatbhai vs The State Of Gujarat 3, there
is no impediment in allowing this Application.

11. In view of the above, Criminal Application No.555 of
2026 is allowed in terms of prayer clause (a), subject to
payment of costs of Rs. 50,000/- by each of the Applicants
and Rs. 50,000/- by the Respondent No.2. Payment of costs is
a condition precedent. Consequently, the impugned FIR and
the charge-sheet arising from the impugned FIR are quashed.

12. The Applicants and the Respondent No.2 shall deposit
their costs in the below-mentioned Account within a period of
three weeks from today and file in the Registry of this Court

1
2012 10 SCC 303
2
2014 6 SCC 466
3
2017 9 SCC 641

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the compliance affidavit along with the proof of deposit on or
before 24th April 2026.

a] Each of the Applicants shall deposit the amount
Rs.50,000/- in :-

High Court Law Library
Bank : State Bank of India
Branch : Mumbai Main Branch
Account No.: 10996686636
IFS Code : SBIN0000300

b] The Respondent No.2 shall deposit the amount of
Rs.50,000/- in :-
Central Police Welfare Fund
Director General MS Mumbai
Account No: 914010029005759
Bank : Axis Bank Limited
Branch : Worli, Mumbai (M.H.), Mumbai - 400 025
IFSC Code: UTIB0000060

13. The Criminal Application No.555 of 2026 is disposed of.

(ASHWIN D. BHOBE, J.)

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