Bombay High Court

ABHISHEK MUNNA VISHWAKARMA ORSversusTHE STATE OF MAHARASHTRA AND ANR

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

Holding

The Court held that, given the voluntary and unconditional settlement and the absence of public interest in continuing the prosecution, the FIR and related proceedings must be quashed.

Summary

The petitioners were charged under Sections 69, 75, 115(1), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for alleged non‑consensual sexual intercourse, threats and assault against Respondent No.2. The victim filed an FIR (C.R. No.794/2025) but later entered into an amicable settlement, voluntarily withdrawing her objection to the prosecution. An affidavit confirming the settlement and lack of objection was filed, and the petitioners sought quash of the FIR. The Court examined whether a settlement and the victim’s consent could justify quashing criminal proceedings for offences under the BNS. Finding the settlement genuine and that continuation of the case would serve no public interest, the Court allowed the petition, quashed the FIR and ordered costs to be paid to a welfare fund.

Issues considered

Whether an FIR and criminal proceedings under the Bharatiya Nyaya Sanhita can be quashed on the basis of a voluntary settlement and the victim’s consent.
Whether the Court has jurisdiction to entertain a criminal writ petition for quashing the FIR in the circumstances described.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 115(1), 3(5), 352, 69, 75

Subjects

settlement
quash FIR
criminal procedure
Bharatiya Nyaya Sanhita
sexual assault
consent
cost order

Judgment

P.H. JAYANI                                             09 WP3534.2026.DOC


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CRIMINAL APPELLATE JURISDICTION

              CRIMINAL WRIT PETITION NO. 3534 OF 2026


1. Abhishek Munna Vishwakarma
2. Sunil Rammilan Sharma alias
   Sunil Rammilan Vishwakarma
3. Kiran Sunil Sharma alias
   Kiran Sunil Vishwakarma                             …. Petitioners
4. Mamta Munna Vishwakarma
5. Aarju Akhtar Hussain
       V/s.
1. The State of Maharashtra                           …Respondents
2. XYZ


Ms. Sonam Pandey a/w. Ms. Shifa Ansari for the Petitioners.
Ms. Veera Shinde, APP for the Respondent No.1 – State.
Mr. Hridhay Shetty for Respondent No.2.


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


1.       Petitioners arraigned in an FIR bearing C.R.No.794/2025
registered with Shrinagar Police Station, Thane for the offence
punishable under Sections 69, 75, 115(1), 352, 3(5) of the
Bharatiya Nyaya Sanhita, 2023 (“BNS”) on the report filed by
Respondent No.2, seeks to quash and set-aside the said FIR.

2.       Heard learned Counsel for the parties. Perused the record.

3.       The prosecution case is that, in the year 2023, Respondent
No.2 was studying in ITI college, Kopri. At that time, she had
attended 15 days computer training course at Aashar IT Park,
Thane. Petitioner No.1 was appointed for the said training course.
Therefore, Petitioner No.1 and Respondent No.2 got acquainted

                               Page 1 of 4
P.H. JAYANI                                            09 WP3534.2026.DOC



with each other and gradually, they became friends. It is alleged
that between January 2024 and April 2025, Petitioner No.1
committed repeated sexual intercourse with Respondent No.2
without her consent making a false promise that he will marry her
and by threatening to send her obscene videos to her Uncle. On
two occasions, she got pregnant, but, Petitioner No.1 caused her to
abort the child. It is alleged that in May 2025, when the victim
went to the house of the Petitioners and asked him to marry with
her, all the Petitioners abused and assaulted her. In July 2025, she
met with Petitioner No.1 at certain place and asked him to marry
with her. However, he refused to marry and his Uncle, who was
present there, abused her. Therefore, the aforesaid crime came to
be registered. On completion of investigation charge-sheet is filed.

4.       Learned Counsel for the parties states that, the Petitioners
and Respondent No.2 have amicably settled this matter outside
the Court. As per the settlement, Respondent No.2 has consented
and given her no objection to quash the impugned FIR and
criminal proceedings arising therefrom. The Affidavit sworn by
Respondent No.2 to that effect is enclosed with the Petition.

5.       In her Affidavit, Respondent No.2 has stated that, the
settlement is arrived at voluntarily, genuine, unconditional and
without any reservation. She has no objection to quash the
impugned FIR and all the proceedings arising therefrom against
the Petitioners. Thus, the parties have taken a firm stand before
this Court they want to end all their disputes and move on with
their lives as they desire. It appears that the continuation of the
prosecution may cause further disruption in the personal lives of
the parties and therefore, they have taken such a firm stand. That
apart, considering the narration in the FIR, it appears that the


                               Page 2 of 4
P.H. JAYANI                                              09 WP3534.2026.DOC



physical relationship between Petitioner No.1 and Respondent
No.2 was consensual, but, the differences between them led to
filing of the FIR.

6.       In view thereof, no purpose will be served by continuing the
proceedings arising out of the said FIR and the consequential
criminal case. Therefore, I am inclined to allow the Petition.

7.       As I expressed my opinion for quashing of the present
crime, learned Advocates for the Petitioners and Respondent
No.2, on instructions, submitted that, the Petitioners will
voluntarily pay a cost of Rs.25,000/- and Respondent No.2 will
voluntarily pay a cost of Rs.10,000/-           The said statement is
accepted as an undertaking given to this Court.

7.1      In view thereof, the following Order is passed :-

         (a)   Criminal Writ Petition No.3534 of 2026 is allowed.

         (b)   The FIR bearing C.R.No.794/2025 registered with
         Shrinagar Police Station, Thane for the offence punishable
         under Sections 69, 75, 115(1), 352, 3(5) of the BNS, 2023 and
         the consequential proceedings arising therefrom, are
         quashed and set aside.

7.2      The Petitioners are directed to pay a cost of Rs.25,000/- and
Respondent No.2 is directed to pay cost of Rs.10,000/- to the
Armed Forces Battle Casualties Welfare Fund’ (AFBCWF) within a
period of two weeks from the date of uploading of the present
Order on the official website of the High Court of Bombay and the
payment receipt(s) shall be submitted in the Registry of this Court.




                                  Page 3 of 4
                      P.H. JAYANI                                             09 WP3534.2026.DOC



                      7.3      Details of the bank account for payment of cost are as
                      under :-
                            Account Name        :- Armed Forces Battle Casualties Welfare
                                                   Fund (AFBCWF)
                            Bank Name           :- Canara Bank Ltd. DoD, South Block
                            Branch Name         :- South Block, Defence Headquarters,
                                                   New Delhi – 110011.
                            Account Number      :- 90552010165915
                            IFSC Code           :- CNRB0019055
                            Type of Account     :- Saving

                      8.       List this Petition on Board on 11 th September, 2026, ‘for
                      recording compliance’.



                                                      (SHYAM C. CHANDAK, J.)
  PREETI
  HEERO
  JAYANI
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.08.21
14:20:48 +0530




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