Bombay High Court

PRAFULL SUNIL SHIRKEversusTHE STATE OF MAHARASHTRA AND ANR

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

Holding

An FIR for offences under the cited sections of the BNS may be quashed when the aggrieved party consents, as the offences are not of a nature that precludes such quashment.

Summary

The petitioners sought quashing of FIR No.36 of 2025 and the charge‑sheet filed under Sections 85, 115(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, arising from a matrimonial dispute in which the husband (Petitioner Prafull Shirke) alleged cruelty by his in‑laws. The respondents, the State of Maharashtra and the wife (Respondent No.2), consented to the withdrawal of the criminal proceedings after the parties amicably decided to dissolve the marriage by mutual consent. The key issue was whether an FIR for offences under the BNS could be set aside solely on the victim’s consent in a domestic‑cruelty context. The Court examined the nature of the offences and held that they are not of a type that bars quashment when the aggrieved party consents. Accordingly, the Court allowed the petition and ordered the FIR and charge‑sheet to be quashed and set aside.

Issues considered

Whether an FIR registered under Sections 85, 115(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 can be quashed on the consent of the alleged victim in a matrimonial dispute.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 3(5), 85

Subjects

matrimonial dispute
FIR quash
victim consent
domestic cruelty
Bharatiya Nyaya Sanhita
criminal procedure

Judgment

Digitally
signed by
WAKLE
MANOJ 3-WP-2552-2025.DOC
WAKLE MANOJ
MANOJ JANARDHAN
JANARDHAN Date:
2026.07.14
19:19:14
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.2552 OF 2025
Mr. Prafull Sunil Shirke …Petitioner
V/s.
The State of Maharashtra & Anr. …Respondents

WITH
WRIT PETITION NO.2547 OF 2025
1. Mrs. Supriya Sunil Shirke
2. Mr. Swapnil Sunil Shirke
3. Mrs. Pratibha Swapnil Shirke …Petitioners

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

Ms. Keral Mehta a/w Mr. Ameyprasad, for the Petitioners.
Mr. Vinod Chate, APP for the Respondent No.1-State.
Mr. Sagar Tambe i/by Mr. Suresh Barne, for the Respondent No.2.

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

1. Present Petitions seeking quashing and setting aside of
impugned FIR bearing C.R. No.36 of 2025 registered with
Kolsewadi Police Station, Thane for the offence punishable under
Sections 85, 115(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023
(for short “BNS”) and the consequent charge-sheet bearing RCC
No.250/PW/2025, presently pending on the file of 4 th Court of
learned Judicial Magistrate First Class, Kalyan.

2. Heard learned Counsel for the parties.

3. The prosecution case is that Petitioner - Prafull Shirke is
husband of Respondent No.2. They had got married with each

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MANOJ 3-WP-2552-2025.DOC

other on 25th February, 2024. Petitioners - Supriya Sunil Shirke,
Swapnil Sunil Shirke and Pratibha Swapnil Shirke are in-laws of
Respondent No.2. After the marriage, Respondent No.2 went to
cohabit in the family of Petitioners. However, she was subjected to
cruelty on account of receiving insufficient gifts in the marriage
etc. and to fulfill their unlawful demand of motor vehicle
Therefore, Respondent No.2 filed a report dated 15 th January
2024, leading to registration of said FIR and the consequent
charge-sheet.

4. Learned Counsel for the parties submitted that during
pendency of Petition, the matter has been amicably settled
between the parties. The Petitioner -Prafull Shirke and
Respondent No.2 have decided to dissolve their marriage by a
decree of divorce by mutual consent and to withdraw the cases
filed against each other. Respondent No.2 has agreed to give her
consent and no objection to quash and set aside the aforesaid FIR
and the charge-sheet. Respondent No.2 has filed her Affidavits to
that effect, enclosing the Consent Terms. The same are taken on
record and marked as “X” for identification.

5. Respondent No.2 is present before the Court. She is
identified by her learned Advocate Mr. Tambe. She has reiterated
the contents of her Affidavit. Thereby she has consented and given
her no objection to quash and set aside the FIR and charge-sheet.

6. The aforesaid case arising out of a matrimonial dispute. The
parties have decided to part their ways and live their lives as per
their choice. The offence is not of such a nature where the FIR
cannot be quashed with the consent of Respondent No.2.

Page 2 of 3
MANOJ 3-WP-2552-2025.DOC

7. In view thereof, I am inclined to allow the Petition. Hence,
following Order:-

(a) Petitions are allowed.

(b) The impugned FIR bearing C.R. No.36 of 2025
registered with Kolsewadi Police Station, Thane for the
offences punishable under Sections 85, 115(2) and 3(5) of
the BNS and the consequent charge-sheet bearing RCC
No.250/PW/2025, presently pending on the file of 4 th Court
of learned Judicial Magistrate First Class, Kalyan, are
quashed and set aside.

(SHYAM C. CHANDAK, J.)

Page 3 of 3

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