Bombay High Court
MANISH SHASHIKANT PATIL AND ANOTHERversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- APPLICATION ALLOWED
- Bench
- S G CHAPALGAONKAR
Holding
The court held that there is no purpose in continuing the prosecution and quashed the FIR.
Summary
Manish Patil and his sister‑in‑law Shweta Patil applied to quash FIR No.0159 of 2023 filed under IPC sections 498‑A, 323, 504, 506 r/w 34. The informant, respondent No.2, appeared in court and submitted an affidavit stating that the parties have amicably settled their matrimonial dispute and have filed a mutual‑consent divorce. The court noted the nature of the allegations but, relying on the Supreme Court’s decision in Narindar Singh v. State of Punjab (2014) 6 SCC 464, held that continuing prosecution would serve no purpose. Consequently, the criminal application was allowed and the FIR was quashed. The matter was disposed of.
Issues considered
- Whether an FIR for offences under sections 498‑A, 323, 504, 506 r/w 34 can be quashed when the parties have reached an amicable settlement of their matrimonial dispute.
Legislation cited
- Indian Penal Code, 1860 — s. 323, 34, 498-A, 504, 506
Subjects
- criminal procedure
- quashment of FIR
- section 498-A
- amicable settlement
- mutual consent divorce
- maternity dispute
Judgment
2026:BHC-AUG:2089-DB
1 cran 4259.25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
950 CRIMINAL APPLICATION NO. 4259 OF 2025
Manish Shashikant Patil And Another
VERSUS
The State Of Maharashtra And Another
...
Advocate for Applicants : Mr. V.S. Wakale
APP for Respondents: Mr. V.M. Lomte
Mr. S.G. Ghongade advocate for respondent no.2.
...
CORAM : S. G. CHAPALGAONKAR, J.
Dated : January 17, 2026
PER COURT :-
1. The applicant no.1-Manish s/o Shashikant Patil
(Husband) and no.2-Shweta Shashikant Patil (sister-in-law)
seek quashment of the FIR bearing Crime No.0159 of 2023
registered with Deopur Police Station, Dhule for the offence
punishable under sections 498-A, 323, 504, 506 r/w 34 of the
Indian Penal Code and charge-sheet filed against them.
2. Respondent No.2/informant is personally present before
the Court and submits that she has amicably settled the
dispute. It is submitted that divorce proceeding by mutual
consent is already filed by parties. The applicant and
respondent no.2 are residing separately. Learned advocate
2 cran 4259.25.odt
appearing for respondent no.2 files on record affidavit of
respondent no.2 containing aforesaid facts.
3. Considering nature of allegations and fact that parties
have arrived at amicable settlement of matrimonial dispute
and taking into account law laid down by the Supreme Court
in case of Narindar Singh and others Vs. State of Punjab and
another reported in (2014) 6 SCC 464, no purpose would be
served by continuing the prosecution. Hence, Criminal
Application is allowed in terms of prayer clause “A” and
disposed off.
( S. G. CHAPALGAONKAR, J. )
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