Bombay High Court
NIKHIL NANDKISHORE KANUNGO AND ORSversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- SHYAM C CHANDAK
Holding
The Court quashed the FIR and set aside the pending criminal proceedings.
Summary
Petitioner No.1, married to Respondent No.2, was alleged to have subjected her to mental and physical cruelty to extort Rs.2 crores for a flat, leading to an FIR under multiple IPC sections. After the FIR, the parties reached an amicable settlement, dissolved their marriage by mutual consent, and resolved all monetary claims. Respondent No.2 filed an affidavit expressing no objection to quashing the FIR and related criminal proceedings. The petitioners sought a writ to quash the FIR, arguing that continuation of the case served no purpose post-settlement. The Court, noting the mutual consent divorce and the parties' consent, allowed the petition and quashed the FIR and the pending criminal proceedings.
Issues considered
- Whether an FIR and pending criminal proceedings can be quashed on the ground of settlement and mutual consent divorce between the parties involved.
Legislation cited
- Indian Penal Code, 1860 — s. 323, 34, 465, 468, 471, 498A, 504, 506
Subjects
- criminal law
- FIR quash
- domestic violence
- Section 498A
- mutual consent divorce
- settlement
- criminal procedure
Judgment
PRASAD 16_WP_3471_2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.3471 OF 2026
Nikhil Nandkishore Kanungo and Ors. …. Petitioners
V/s.
State of Maharashtra and Anr. … Respondents
Mr. Akram Kapoor, for the Petitioners.
Mr. V.A. Kulkarni, APP for the Respondent – State.
Mr. Siddharth Pimple a/w Prashant Bothre i/by Pan India Legal
Services LLP, for the Respondent No.2.
CORAM: SHYAM C. CHANDAK, J.
DATED : 27th JULY 2026
P.C.:-
. Present Petition seeking quashing and setting aside FIR
bearing C.R. No.493 of 2024 (initially numbered as C.R. No.681 of
2024) registered with V.P. Road police station, for the offence
punishable under Sections 498A, 323, 504, 506, 465, 468, 471 and
34 of the Indian Penal Code, 1860 (for short “I.P.C.”) and
consequent criminal proceedings bearing C.C. No.303/PW/2025,
pending before the learned Additional Chief Judicial Magistrate
F.C. 4th Court, at Girgaon, Mumbai.
2. Heard learned Counsel for the parties.
3. Petitioner No.1 is husband of Respondent No.2. Petitioner
Nos. 2 and 3 are parents and Petitioner No.4 is sister of the
Petitioner No.1. Petitioner No.1 got married with Respondent No.2
on 06.02.2018. After she went to cohabit with the family of the
Petitioner No.1, it is alleged that Petitioners subjected her to
mental and physical cruelty to coerce her to meet their unlawful
demand of Rs.2 crores to be brought from her parents to purchase
Page 1 of 3
PRASAD 16_WP_3471_2026.DOC
a flat in Mumbai. They used to assault her. Therefore, Respondent
No.2 filed a report, pursuant to which the aforesaid crime came to
be registered. On completion of investigation, the charge-sheet has
been filed.
4. Learned Counsel for the parties state that after registration
of the FIR, the parties have arrived at an amicable settlement.
Petitioner No.1 and Respondent No.2 have decided to dissolve the
marriage by decree of divorce by mutual consent. The monetary /
property claims have been settled between the parties and they
will not claim anything in the future against each other. Mr.
Pimple, learned Counsel for the Respondent No.2, tendered
Affidavit affirmed by Respondent No.2 and stated that thereby she
has given her consent and no objection to quash and set aside the
impugned FIR and consequent criminal proceedings arising
therefrom. The said Affidavit in taken on record and marked ‘X’.
The Respondent No.2 is present before the Court. She is identified
by her Advocate Mr. Pimple. She has reiterated the contents of the
said Affidavit. She gives her consent and no objection for quashing
and setting aside the impugned FIR and consequent criminal
proceedings.
5. Learned Counsel for the parties stated that after dissolution
of marriage the parties want to settle in their life as they want. As
such, no purpose will be served by continuing proceedings arising
out of the impugned FIR. Therefore, I am inclined to allow the
Petition. Hence, following order:-
(i) Petition is allowed.
(ii) The FIR bearing C.R. No.493 of 2024 (initially
numbered as C.R. No.681 of 2024) registered with V.P. Road
Page 2 of 3
PRASAD 16_WP_3471_2026.DOC
police station, for the offence punishable under Sections
498A, 323, 504, 506, 465, 468, 471 and 34 of the I.P.C. and
consequent criminal proceedings bearing C.C.
No.303/PW/2025, pending before the learned Additional
Chief Judicial Magistrate F.C. 4th Court, at Girgaon,
Mumbai, are quashed and set aside.
(SHYAM C. CHANDAK, J.)
Digitally signed by
PRASAD
PRASAD RAJENDRASING
RAJENDRASING RAJPUT
RAJPUT Date: 2026.08.03
20:33:30 +0530
Page 3 of 3
Checking your session…