Bombay High Court

PRAVESH ANANDPRAKASH SHARMA AND ORSversusSTATE OF MAHARASHTRA AND ANR

Decided: 10 July 2026
Disposal: Disposed Off
Bench: SHYAM C CHANDAK

Holding

The Court held that, with the complainant’s consent and given the matrimonial nature of the dispute, the FIR may be quashed and set aside.

Summary

The petitioners, members of the Sharma family, filed a writ petition seeking quashing of FIR No.155 of 2024 registered at Bhayander Police Station for offences under Sections 498A, 323, 504, 506 and 34 of the IPC, alleging that the in‑laws had subjected the wife (Respondent No.2) to mental and physical cruelty to extract money. The first petitioner died, so the petition was deemed to have abated to his extent. The complainant, Respondent No.2, later executed an affidavit stating her consent to an amicable settlement and requesting the FIR be set aside. The Court examined whether a FIR arising from a matrimonial dispute could be quashed on the complainant’s consent. Finding that the victim’s consent was clear and the matter was essentially a private family dispute, the Court allowed the petition and ordered the FIR to be quashed.

Issues considered

Whether an FIR registered for offences under Sections 498A, 323, 504, 506 and 34 IPC can be quashed on the consent of the complainant in a matrimonial dispute.
Whether the death of a petitioner affects the maintainability of the writ petition.

Legislation cited

Indian Penal Code, 1860 — s. 323, 34, 498A, 504, 506

Subjects

dowry harassment
quash FIR
marital dispute
settlement
IPC sections 498A
criminal law
consent of complainant

Judgment

Digitally
signed by
WAKLE
MANOJ 6-WP-1983-2026.DOC
WAKLE MANOJ
MANOJ JANARDHAN
JANARDHAN Date:
2026.07.14
18:50:11
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.1983 OF 2026
1. Mr. Pravesh Anandprakash Sharma
2. Smt. Shanti Anandprakash Sharma
3. Mr. Rajesh Anandprakash Sharma
4. Ms. Anju Sharma (Devi)
5. Ms. Rakhi Sharma (Bhardwaj)
6. Ms. Meena Sharma (Bhardwaj)
7. Ms. Parvti Sharma …Petitioners

V/s.
The State of Maharashtra & Anr. …Respondents

Mr. Jaywant R. Avhad, for the Petitioners.
Mr. H.J. Dedhia, APP for the Respondent No.1-State.
Mr. Shaikhlal B. Shaikh, for the Respondent No.2.

CORAM: SHYAM C. CHANDAK, J.
DATED : 10th JULY, 2026
P.C. :-

1. Present Petition seeking quashing and setting aside of the
impugned FIR bearing C.R. No.155 of 2024 registered with
Bhayander Police Station, District- Thane for the offence
punishable under Sections 498(A), 323, 504, 506 and 34 of the
Indian Penal Code, 1860 (for short “IPC”) against the Petitioners.

2. Mr. Avhad, learned Counsel for the Petitioners stated that
Petitioner No.1 has expired and tendered a photocopy of the Death
Certificate. It is taken on record. As such, Petition has abated to
the extent of Petitioner No.1.

3. Heard learned Counsel for the parties.

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MANOJ 6-WP-1983-2026.DOC

4. The prosecution case is that Respondent No.1 was husband
of Respondent No.2. They got married with each other on 10 th
February, 2022. Rest of the Petitioners are in-laws of Respondent
No.2. It is alleged that, after the marriage the Petitioners subjected
Respondent No.2 to mental and physical cruelty to coerce her to
fulfill their unlawful demand of money to be brought from her
parents. They assaulted her and misappropriated her Shridhan,
etc. Therefore, Respondent No.2 filed report dated 8 th April, 2024.
Consequently, aforesaid FIR came to be registered.

5. Learned Counsel for the parties submitted that after
registration of the FIR, the parties have arrived at an amicable
settlement. Respondent No.2 has consented and given her no
objection to quash and set aside the aforesaid FIR. Mr. Shaikh
filed an Affidavit of Respondent No.2 to that effect. Same is taken
on record and marked as “X”.

6. Respondent No.2 is present before the Court. She is
identified by her learned Advocate Mr. Shaikh. She has reiterated
the contents of the said Affidavit. The said FIR is arising out of the
matrimonial dispute. Looking at the nature of the alleged offence,
permission to quash and set aside the aforesaid FIR, with the
consent of Respondent No. 2, cannot be denied.

7. As a result, the Petition is allowed. Hence, following Order:-

(a) The impugned FIR bearing C.R. No.155 of 2024
registered with Bhayander Police Station, District- Thane
for the offence punishable under Sections 498(A), 323,
504, 506 and 34 of the IPC, is quashed and set aside.

(SHYAM C. CHANDAK, J.)

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