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Bombay High Court

ABHILASH RAMCHANDRAN NAIR AND ANRversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The Court held that the FIR may be quashed as there is no impediment when the dispute is settled and the complainant consents, subject to payment of costs.

Summary

The petitioners filed a writ petition under Article 226 of the Constitution and Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 seeking quash of FIR No. 373 of 2025 registered for offences under IPC sections 498A, 406, 323, 504 read with 34. The dispute involved a matrimonial conflict between the petitioners and Respondent No.2, which was amicably resolved and a separation order was passed by the Family Court. Respondent No.2 filed an affidavit stating she had no objection to the quashing of the FIR. The State, while agreeing that continuation of the criminal proceeding served no purpose, requested imposition of costs for misuse of police machinery. Relying on Supreme Court precedents, the Court held there was no impediment to quash the FIR and allowed the petition subject to payment of costs by both parties. Consequently, the FIR was quashed and the parties were directed to deposit Rs. 25,000 each as costs.

Issues considered

  • Whether an FIR filed for matrimonial offences can be quashed under Article 226 and Section 528 when the parties have settled the dispute and the complainant has no objection.
  • Whether costs can be imposed on the parties for using police machinery to resolve a civil dispute.

Legislation cited

Subjects

  • quash FIR
  • Section 528
  • Article 226
  • matrimonial dispute
  • settlement
  • costs
  • IPC 498A
  • family court order

Judgment

                                                                                         42-WP-335-2026.doc



           Digitally signed
           by GAYATRI
                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GAYATRI  RAJENDRA
RAJENDRA SHIMPI
SHIMPI   Date:
         2026.02.18
           13:54:10 +0530                        CRIMINAL APPELLATE JURISDICTION

                                                   WRIT PETITION NO. 335 OF 2026

                              Abhilash Ramchandran Nair & Anr.                    … Petitioners
                                       V/s.
                              The State of Maharashtra & Anr.                     … Respondents
                                                                     ---

                              Ms. Radhika Samant a/w Ms. Pooja Bhide, Advocates for
                              Petitioners.
                              Ms. Arunima Kumari i/b MZM Legal for Respondent No. 2.
                              Mr. Prasanna Malshe, APP for Respondent – State.
                                                             ---

                                                                CORAM : ASHWIN D. BHOBE, J.
                                                                 DATE      : 17th FEBRUARY, 2026.


                              P.C. :

                              1.               Heard Ms. Radhika Samant, learned Advocate for the

                              Petitioner, Mr. Prasanna Malshe, learned APP for Respondent No. 1

                              – State and Ms. Arunima Kumari, learned Advocate for Respondent

                              No. 2.



                              2.               This Petition under Article 226 of the Constitution of

                              India and under Section 528 of the Bhartiya Nagarik Suraksha


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Sanhita, 2023, is preferred by the Petitioners for quashing the FIR

bearing No. 373 of 2023 dated 3rd June, 2025 registered with

Versova Police Station for the offences punishable under Sections

498A, 406, 323, 504 read with Section 34 of the Indian Penal

Code, 1860.



3.               Petitioner No. 1 is present in Court. Petitioner Nos. 2 &

3 are appearing through V. C. mode. Petitioners are identified by

their Advocate Ms. Radhika Samant. She tenders the Photostat

copies of the Identity Cards (3 numbers) of the Petitioners, which

are taken on record and marked as ‘X-Colly’ for identification.



4.               Respondent No. 2 is present in Court and is identified

by her Advocate Ms. Arunima Kumari. She tenders the Photostat

copy of the Identity Card of Respondent No. 2, which is taken on

record and marked as ‘X-1’ for identification.



5.               Ms. Radhika Samant, learned Advocate for the

Petitioners and Ms. Arunima Kumari, learned Advocate for

Respondent No. 2 submit that the dispute between the Petitioners



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and Respondent No. 2 has been amicably resolved. They submit

that the Petitioner No. 1 (husband) and Respondent No. 2 (wife)

are separated in view of the Judgment and order dated 27 th

October, 2025 passed by the Family Court, Mumbai at Bandra in

Petition No. A-878 of 2025. They submit that the Respondent No. 2

has no objection for quashing of the impugned FIR.



6.               Ms. Arunima Kumari states that the Affidavit dated

22nd December, 2025 affirmed by Respondent No. 2 before the

Notary S. N. Dhange is placed on record as Exhibit-C page Nos. 39

to 42. The same is marked as ‘X-2’ for identification.



7.               Respondent No. 2 states that the said Affidavit (‘X-2’) is

filed out of her own free will and without any pressure or coercion

from any person. She states that the contents of the Affidavit (‘X-

2’) are as per her say. She reiterates her no objection for quashing

of the criminal proceedings.



8.               Mr. Prasanna Malshe, learned APP for the State

submits that the Petitioners and Respondent No. 2, having



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amicably resolved their dispute and Respondent No. 2 having

given her no objection in the affidavit (‘X-2’) for quashing of the

impugned FIR, no purpose would be served in continuing with the

criminal proceedings. He however submits that the parties having

used the police machinery to resolve a matrimonial dispute, he

therefore insists an imposition of costs.



9.               Ms. Radhika Samant and Ms. Arunima Kumari, on

instructions from the Petitioners and Respondent No. 2 state that

appropriate costs would be deposited.



10.              Considering the aforesaid circumstances, the nature of

dispute, the matter being settled between the Petitioners and the

Respondent No.2, the statement of Respondent No. 2 in the

Affidavit (X-2) and having regards to the pronouncements of the

Hon’ble Supreme Court in the case of Gian Singh vs State Of

Punjab1, Narinder Singh And Ors. vs State Of Punjab And Anr 2 and

Parbatbhai Aahir @ Parbatbhai vs The State Of Gujarat 3, there is

no impediment in allowing this Petition.

1    2012 10 SCC 303
2    2014 6 SCC 466
3    2017 9 SCC 641


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11.              Subject to payment of costs of Rs. 50,000/-, as a

condition precedent, this Petition is allowed in terms of prayer

clause (a). Consequently, the impugned FIR No. 373 of 2025 dated

3rd June, 2025 is quashed.



12.              The Petitioners and the Respondent No.2 shall deposit

the costs of Rs. 25,000/- each in the below mentioned Accounts

within a period of two weeks from today and file in the Registry

the compliance affidavit along with the proof of deposit on or

before 10th March, 2026.



a)       The Petitioners shall deposit the amount of Rs. 25, 000/- in :-

                    Central Police Welfare Fund
                    Account No: 914010029005759
                    Bank : Axis Bank Limited
                    Branch : Worli, Mumbai (M.H.), Mumbai - 400 025
                    IFSC Code: UTIB0000060



b)    Respondent No. 2 shall deposit the amount of Rs. 25,000/-
in :-

         The High Court Employees Medical Welfare Fund at Mumbai



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                 Account No.: 000120110001337
                 Bank : Bank of India
                 Branch : Mumbai Main
                 IFSC Code : BKID0000001.




                                        (ASHWIN D. BHOBE, J.)




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