Bombay High Court
AVANISH AMALDAR SINGHversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The court held that, given the complainant's voluntary consent affidavits, the FIR could be quashed under Section 528 of the BNSS, 2023, and the writ petitions were allowed.
Summary
Three criminal writ petitions (Nos. 476, 477 and 478 of 2026) were filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0361 of 2025 on the ground of consent quashing. The original complainant, Avinash Amaldar Singh, filed affidavits stating his free and voluntary consent to withdraw the complaint and to have the FIR and all related proceedings set aside. The petitioners and the complainant reconciled their differences, and the court was satisfied that there was no impediment to granting the relief. Accordingly, the court allowed each writ petition, quashing the FIR as to the respective petitioner, and disposed of the pending interim applications without awarding costs.
Issues considered
- Whether a consent affidavit by the complainant under Section 528 of the BNSS, 2023, is sufficient to quash an FIR and related criminal proceedings.
- Whether the original complainant must be impleaded as Respondent No.2 in the writ petitions.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528
- Bharatiya Nyaya Sanhita, 2023 — s. 212, 216, 217, 228, 229, 233, 236, 237, 242, 319(2), 336(3), 337, 340(2), 3(5)
Subjects
- consent quashing
- FIR quash
- criminal writ petition
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
- reconciliation
- interim application
- Section 528
Judgment
81.WP.476.2026 with 82.WP.477.2026 and 83.WP.478.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
(81) CRIMINAL WRIT PETITION NO. 476 OF 2026
Deepchand Phoolchand Pandey and Anr. .. Petitioners
Versus
State of Maharashtra .. Respondent
WITH
INTERIM APPLICATION NO. 1329 OF 2026
IN
CRIMINAL WRIT PETITION NO. 476 OF 2026
Avinash Amaldar Singh Intervener / Orig.
.. Complainant
IN THE MATTER BETWEEN
Deepchand Phoolchand Pandey and Anr. .. Petitioners
Versus
State of Maharashtra .. Respondent
WITH
(82) CRIMINAL WRIT PETITION NO. 477 OF 2026
Bhagyashali Sanjay Naik .. Petitioner
Versus
State of Maharashtra .. Respondent
WITH
INTERIM APPLICATION NO. 1328 OF 2026
IN
CRIMINAL WRIT PETITION NO. 477 OF 2026
Avinash Amaldar Singh Intervener / Orig.
.. Complainant
IN THE MATTER BETWEEN
Bhagyashali Sanjay Naik .. Petitioner
Versus
State of Maharashtra .. Respondent
WITH
(83) CRIMINAL WRIT PETITION NO. 478 OF 2026
Dinesh Kumar Singh .. Petitioner
Versus
State of Maharashtra .. Respondent
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81.WP.476.2026 with 82.WP.477.2026 and 83.WP.478.2026.doc
WITH
INTERIM APPLICATION NO. 1327 OF 2026
IN
CRIMINAL WRIT PETITION NO. 478 OF 2026
Avinash Amaldar Singh Intervener / Orig.
.. Complainant
IN THE MATTER BETWEEN
Dinesh Kumar Singh .. Petitioner
Versus
State of Maharashtra .. Respondent
....................
Mr. Shailesh Kharat a/w. Mr. Shreyesh More, Advocates for
Petitioners in all 3 Interim Applications.
Mr. Sachin Ramrao Pawar, Advocate for Respondent No.2 in all
three Writ Petitions and Applicant in Interim Applications.
Ms. Rajeshree V. Newton, APP for Respondent – State in Writ
Petition No.476 of 2026 and Writ Petition No.477 of 2026.
Mr. A.K. Munde, APP for Respondent – State in Writ Petition
No.478 of 2026.
PSI – Mr. Vaibhav Pawar, Vasai Police Station present.
......…...........
CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 29, 2026.
P.C.:
1. Heard Mr. Kharat, learned Advocate for Petitioners in all 3
Interim Applications; Mr. Pawar, learned Advocate for Respondent
No.2 in all three Writ Petitions and Applicant in Interim Applications;
Ms. Newton, learned APP for Respondent – State in Writ Petition
No.476 of 2026 and Writ Petition No.477 of 2026 and Mr. Munde,
learned APP for Respondent – State in Writ Petition No.478 of 2026.
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81.WP.476.2026 with 82.WP.477.2026 and 83.WP.478.2026.doc
2. These Petitions are filed under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the parties on
the ground of "consent quashing". With the able assistance of the
learned Advocates for the respective parties and learned APP, I have
perused the entire record of the case. I do not find it necessary to
delineate the same in its entirety herein for the sake of brevity.
3. At the outset, Mr. Kharat, learned Advocate informs the
Court that in all three Writ Petitions, original complainant is required
to be impleaded as Respondent No.2. Necessary amendment is
permitted to be carried out within a period of one week from today.
Re-verification stands dispensed with.
4. Common order is passed in all the three Writ Petitions before
me. The parties in the Writ Petitions have reconciled their dispute
with regard to the charge leveled against the Petitioners.
5. Three different Petitions have been filed with regard to the
concerned proceedings, but now that the parties having reconciled
their disputes and differences, the Complainant does not have any
grievance whatsoever with the Petitioners.
6. Three sets of Affidavits are filed by the Complainant –
Avinash Amaldar Singh in the three Petitions. He has given his
consent out of his own free will and volition to quash the FIR and all
consequential proceedings arising therefrom. The parties are all
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81.WP.476.2026 with 82.WP.477.2026 and 83.WP.478.2026.doc
present before the Court. I have interacted with them through their
learned Advocates. There can be no impediment in allowing the
present Petitions.
7. In view of the Consent Affidavits having been filed, the Writ
Petitions stand allowed.
8. In view of the above, Writ Petition No.476 of 2026 is to be
allowed in terms of prayer clauses ‘b’ which reads thus:-
“(b) That this Hon’ble Court be pleased to quash and set aside
FIR No. 0361 of 2025, registered with Vasai Police
Station, District Palghar, dated 19/12/2025, for offences
punishable under Sections 212, 216, 217, 228, 229, 233,
236, 237, 242, 319(2), 336(3), 337, 340(2) and 3(5) of
the Bharatiya Nyaya Sanhita, 2023, insofar as the
Petitioners are concerned, on such terms and conditions
as this Hon’ble Court may deem fit and proper in the
interest of justice;
9. In view of the above, Writ Petition No.477 of 2026 is to be
allowed in terms of prayer clauses ‘b’ which reads thus:-
“(b) That this Hon’ble Court be pleased to quash and set aside
FIR No. 0361 of 2025, registered with Vasai Police
Station, District Palghar, dated 19/12/2025, for offences
punishable under Sections 212, 216, 217, 228, 229, 233,
236, 237, 242, 319(2), 336(3), 337, 340(2) and 3(5) of
the Bharatiya Nyaya Sanhita, 2023, insofar as the
Petitioner is concerned, on such terms and conditions as
this Hon’ble Court may deem fit and proper in the interest
of justice;
10. In view of the above, Writ Petition No.478 of 2026 is to be
allowed in terms of prayer clauses ‘b’ which reads thus:-
“(b) That this Hon’ble Court be pleased to quash and set aside
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FIR No. 0361 of 2025, registered with Vasai Police
Station, District Palghar, dated 19/12/2025, for offences
punishable under Sections 212, 216, 217, 228, 229, 233,
236, 237, 242, 319(2), 336(3), 337, 340(2) and 3(5) of
the Bharatiya Nyaya Sanhita, 2023, insofar as the
Petitioner is concerned, on such terms and conditions as
this Hon’ble Court may deem fit and proper in the interest
of justice;
11. In view of the above, All 3 Writ Petitions are allowed and
disposed. However, there shall be no order as to costs.
12. In view of disposal of Writ Petitions, pending Interim
Application namely Interim Application No.1329 of 2026; Interim
Application No.1328 of 2026 and Interim Application No.1327 of 2026
filed in 3 Writ Petitions respectively are accordingly disposed.
[ MILIND N. JADHAV, J. ]
Ajay Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date:
2026.09.01
20:53:50 +0530
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