Bombay High Court

RAHUL JITENDRA MEHTAversusSTATE OF MAHARASHTRA AND ANR

Decided: 31 August 2026
Disposal: Disposed Off

Holding

The Court held that, in view of the complainant's consent affidavit and the absence of any impediment, the FIR and chargesheet must be quashed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Rahul Jitendra Mehta, filed a writ petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash FIR No. 391/2024 and Chargesheet No. 13/2025 filed against him and his wife. The FIR and chargesheet were registered under Section 109(1) of the Bharatiya Nyaya Sanhita, 2023, provisions of the Bombay Police Act, 1951 and the Arms Act, 1959. The wife, who was the complainant, submitted a consent affidavit stating that the incident arose from matrimonial discord and that she no longer wished to pursue the case. The Court examined the affidavit, interacted with both parties, and found no impediment to granting relief. Relying on the consent of the complainant and the provisions of Section 528, the Court quashed the FIR and chargesheet and disposed of the petition.

Issues considered

Whether the FIR and chargesheet can be quashed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to prevent abuse of the process of law.
Whether the consent affidavit of the complainant (wife) suffices to justify quashing the criminal proceedings.
Whether any legal impediment exists to entertain the petition for quash.

Legislation cited

Arms Act, 1959 — s. 25, 4
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528
Bharatiya Nyaya Sanhita, 2023 — s. 109(1)
Bombay Police Act, 1951 — s. 135, 37(1), 37(3)

Subjects

quash of FIR
section 528
abuse of process
marital dispute
criminal procedure
high court
Bharatiya Nagarik Suraksha Sanhita
Bharatiya Nyaya Sanhita
Bombay Police Act
Arms Act

Judgment

70. CRI WP-2029-26.odt

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 2029 OF 2026

Rahul Jitendra Mehta .. Petitioner
Versus
State of Maharashtra & Anr. .. Respondents
....................
 Mr. Sudeeph Pasbola a/w Mr. Vivek Thakare, Mr. Chinmay Godse &
Mr. Rajan Gurnani i/by Mr. Suraj Chakor, Advocates for Petitioner
 Mr. Yogesh M. Nakhwa, APP for State
 Mr. Himanshu Patil a/w Ms. Jagruti Nimbalkar, Advocates for
Respondent No. 2
...................
CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 31, 2026
P. C.:

1. Heard Mr. Pasbola, learned Advocate for Petitioner; Mr. Nakhwa,

learned APP for State and Mr. Patil, learned Advocate for Respondent

No. 2.

2. Present Petition is filed under the provisions of Section 528 of

the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS")

seeking to quash and set aside F.I.R. No. 391/2024 and Chargesheet

No. 13/2025 registered with Mira Bhayander Police Station on dated

20.12.2024 under Section 109(1) of Bharatiya Nyaya Sanhita, 2023,

Section 37(1) & (3), 135 of The Bombay Police Act, 1951 and Section

4 & 25 of the Arms Act, 1959.

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70. CRI WP-2029-26.odt

3. Parties before the court are husband and wife. Consent affidavit

dated 02.04.2026 is filed by Respondent No. 2 - wife who is the

complainant. It prima facie states that due to some matrimonial

discord, the incident has occurred. Said consent affidavit is filed giving

all necessary details. I have perused the same. I have interacted with

both the parties who are present before the Court.

4. In view of the above, there can be no impediment in allowing

the present Petition. Hence, Petition stands allowed in terms of prayer

clause (a) which reads thus:-

"a) That this Hon'ble Court be pleased to quash and set aside F.I.R. No.
391/2024 and Chargesheet No. 13/2025 registered with Mira
Bhayander Police Station on dated 20.12.2024 under Section 109(1)
of Bharatiya Nyaya Sanhita, 2023, Section 37(1) & (3), 135 of The
Bombay Police Act, 1951 and Section 4 & 25 of the Arms Act, 1959
as filed against the present Petitioners under article 226 of the
Constitution of India along read with section 528 of the Bharatiya
Nyaya Sanhita, 2023 to prevent the abuse of the process of law and
to secure the end of justice;

5. Petition is allowed and disposed.

Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
MOHAN AMBERKAR
AMBERKAR Date:
2026.09.01
20:29:39 +0530

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