Bombay High Court

RISHABH ANIL DWIVEDI AND ANRversusSTATE OF MAHARASHTRA AND ANR

Decided: 6 August 2026
Disposal: Disposed Off
Bench: SHYAM C CHANDAK

Holding

The court allowed the petition and quashed the FIR on the basis of the settlement and the complainant's affidavit.

Summary

The petitioners, Rishabh Anil Dwivedi and Anil Kamlashankar Dwivedi, filed a writ petition seeking quash of FIR No.338/2026 registered at Hinjewadi Police Station for alleged offences under Sections 85, 115(2) and 352 of the Bharatiya Nyaya Sanhita, 2023. The FIR stemmed from allegations that the petitioners had subjected their wife (Respondent No.2) to physical and mental cruelty, assault, and financial extortion after their marriage. Subsequent to the FIR, the parties reached an amicable settlement, the wife resumed residence in the matrimonial home and executed an affidavit stating she had no objection to the FIR being set aside. The court, noting the settlement and the affidavit, held that continuing the criminal proceedings would serve no purpose and allowed the petition, quashing the FIR. The order effectively dismissed the criminal case against the petitioners.

Issues considered

Can an FIR registered under Sections 85, 115(2) and 352 of the Bharatiya Nyaya Sanhita be quashed on the ground of an amicable settlement and the complainant's affidavit of no objection?
Does the filing of a charge‑sheet preclude the court from entertaining a petition to quash the FIR?

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 352, 85

Subjects

criminal law
FIR quash
domestic violence
settlement
Bharatiya Nyaya Sanhita
Section 85
Section 115(2)
Section 352
matrimonial dispute

Judgment

WAKLE
MANOJ                 MANOJ                                               8-WP-3291-2026.DOC
JANARDHAN
Digitally signed by
WAKLE MANOJ
JANARDHAN
Date: 2026.08.18
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
19:07:30 +0530
                                CRIMINAL APPELLATE JURISDICTION
                                     WRIT PETITION NO.3291 of 2026
                      1. Rishabh Anil Dwivedi
                      2. Anil Kamlashankar Dwivedi                        …Petitioners
                            V/s.
                      The State of Maharashtra & Anr.                     …Respondents


                      Mr. Ashok Singh, for the Petitioners.
                      Ms. A. A. Deshmukh, APP for the Respondent No.1-State.
                      Mr. Shanu alias Sanjay T. Raikar, for the Respondent No.2.


                                               CORAM: SHYAM C. CHANDAK, J.
                                               DATED : 6th AUGUST, 2026
                      P.C. :-

                      1.      Heard learned Counsel for the parties.

                      2.      Present Petition seeking quashing and setting aside of an
                      FIR bearing C.R. No.338 of 2026 registered with Hinjewadi Police
                      Station, Pune for the offence punishable under Sections 85, 115(2)
                      and 352 of Bharatiya Nyaya Sanhita, 2023 (“BNS”).

                      3.      The prosecution story is that Petitioner No.1 and
                      Respondent No.2 got married         with each other on 24.11.2025.
                      After the marriage, Respondent No.2 went to cohabit in the family
                      of the Petitioners. It is alleged that the Petitioners used to taunt
                      her on count of inviting limited guest in the marriage ceremony.
                      Petitioner No.1 used to abuse and assault to coerce her to demand
                      her father to pay the loan installment of her car instead of her. He
                      used to demand her Rs.1 Crore to be brought from her father.
                      Thus Petitioners caused her physical and mental cruelty.
                      Therefore, said FIR came to be registered and on completion of
                      investigation, police submitted the charge-sheet.


                                                    Page 1 of 2
MANOJ                                                 8-WP-3291-2026.DOC



4.      Learned Counsel for the parties state that after filing of the
FIR, the parties have arrived at an amicable settlement. As per the
settlement, Respondent No.2 has resumed her matrimonial house
and now, the couple is residing happily.

5.      Mr. Raikar, tendered an Affidavit affirmed by Respondent
No.2. Thereby, she has conceded and given her no objection to
quash and set aside the impugned FIR. Respondent No.2 is
present before the Court. She is identified by her learned Advocate
Mr.Raikar. She has reiterated the contents of the said Affidavit
and state that She has no complaint against the Petitioners.

6.      In view thereof, no purpose will be served by continuing the
proceedings arising out of the impugned FIR. As a result, I am
inclined to allow the Petition. Hence, following Order:-

        (a)   Petition is allowed.

        (b)   The FIR bearing C.R. No.338 of 2026 registered with
        Hinjewadi Police Station, Pune for the offence punishable
        under Sections 85, 115(2) and 352 of BNS, is quashed and
        set aside.




                                (SHYAM C. CHANDAK, J.)




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