Bombay High Court
ABHILASH RAMCHANDRAN NAIR AND ANRversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
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
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code, 1860 — s. 323, 34, 406, 498A, 504
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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