Bombay High Court

VIVEK VITTHAL SOMANversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 17 January 2026
Disposal: Disposed Off
Bench: ASHWIN D BHOBE

Holding

The court held that, in view of the settlement and the complainant’s affidavit, the FIR and the pending criminal proceedings are quashed under Section 528 of the Bombay Police Act.

Summary

The petitioner sought a writ of mandamus to obtain the FIR (No. 334 of 2023) and to have it quashed, alleging that the matrimonial dispute with the complainant (Respondent No.2) had been amicably resolved and that she no longer wished to pursue criminal action. Respondent No.2 filed an affidavit before the court stating the settlement and her desire not to prosecute. The State agreed that continuing the criminal proceedings would serve no purpose. Relying on the Supreme Court’s decision in Parbatbhai Aahir v. State of Gujarat and the provisions of Section 528 of the Bombay Police Act, the court held that the FIR and the pending charge‑sheet could be quashed. Consequently, the FIR and the charge‑sheet were set aside and the criminal proceedings against the petitioner were closed. The writ petition was disposed of without any order as to costs.

Issues considered

Whether an FIR can be quashed on the ground of settlement between the parties and an affidavit by the complainant.
Whether Section 528 of the Bombay Police Act empowers the High Court to quash criminal proceedings in such circumstances.
Whether a writ of mandamus is the appropriate remedy for obtaining the quashment of the FIR.

Legislation cited

Bombay Police Act — s. 528
Indian Penal Code, 1860 — s. 322, 498, 504

Subjects

quashment of FIR
settlement of matrimonial dispute
Section 528
Bombay Police Act
mandamus
IPC 322
IPC 498A
IPC 504
consent divorce

Judgment

Gitalaxmi 927-WP-3636-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 3636 OF 2025

Mr. Vivek Vitthal Soman ...Petitioner

Versus

The State of Maharashtra And Anr. ...Respondents
__________

Mr. Suchit Chaudhary (Through VC) a/w Mr. Pritam Aherkar, learned
Advocates for the Petitioner.
Petitioner is present in the Court.

Mr. Prasanna P. Malshe, learned A.P.P. for the State/Respondent.
Respondent No. 2 is present in the Court.
Mr. Shantanu H. Katkar, learned Advocate for Respondent No. 2.
__________

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

P.C. :

1. Heard Mr. Suchit Chaudhary, learned Advocate for the
Petitioner, Mr. Prasanna Malshe, learned A.P.P. for the
State/Respondent and Mr. Shantanu Katkar, learned Advocate for
Respondent No. 2.

2. By the present Petition, the Petitioner has sought for the
following substantive relief in terms of prayer clause 10(a) :-

“a. that this Hon'ble Court may be pleased to issue a Writ of
Mandamus or any other appropriate Writ, Order and/or
direction in the nature of Mandamus thereby calling for the
records and proceedings concerning FIR No. 334 of 2023
registered by the Respondent No. 2 for alleged offences
punishable under Sections 322, 498A & 504 of the Indian
Page 1 of 3
Gitalaxmi 927-WP-3636-2025.doc

Penal Code, 1860 and after examining the legality, validity
and propriety of the impugned F.I.R., be further pleased to
quash and set aside the FIR bearing No. 334 of 2023
registered with Bharti Vidyapeeth Police Station.”

3. Respondent No. 2 is present in the Court along with her
Advocate Mr. Shantanu Katkar. Mr. Shantanu Katkar submits that
the matrimonial discord between the Petitioner and Respondent
No. 2 is resolved. He tenders Affidavit dated 17.01.2026 of
Respondent No. 2 executed before the Notary Advocate S. N.
Dhanage, Mumbai. Same is taken on record and marked as “X” for
identification. Respondent No. 2 states that the Affidavit (X) has
been filed by her out of her own free will and without any pressure
or coercion from any person. She states that the contents of
paragraph Nos. 1 to 16 of the Affidavit (X) are as per her say. She
states that she has resolved the issue amicably with the Petitioner
and decided to file proceeding for seeking divorce. She states that
considering the subsequent events and the matrimonial dispute
being resolved, she does not intend to pursue/prosecute the
criminal proceedings.

4. Petitioner, who is present in the Court states that the
matrimonial dispute with Respondent No. 2 is amicably resolved
and he and Respondent No. 2 have decided to obtain divorce by
consent.

5. Mr. Prasanna Malshe, learned A.P.P. for the State/Respondent
submits that in view of the statements made by Respondent No. 2
before this Court and her statements in the Affidavit (X), no
purpose would be served by continuing with the criminal

Page 2 of 3
Gitalaxmi 927-WP-3636-2025.doc

proceedings. He therefore submits that the impugned FIR and the
criminal proceedings can be quashed on the basis of statement
made by Respondent No. 2 in the Affidavit (X).

6. Considering the facts as placed before me, the nature of
dispute, the settlement arrived between the parties, the statements
made on oath by Respondent No. 2 (Affidavit at X) and guided by
the decision of the Hon’ble Supreme Court in the case of
Parbatbhai Aahir Alias Parbatbhai Bhimsinbhai Karmur and Others
Vs. State of Gujarat and Anr.1, to secure ends of justice I deem it fit
and proper to exercise powers under Section 528 of the BNSS to
quash the criminal proceedings.

7. Petition is therefore allowed in terms of prayer clause (a).
Consequently First Information Report No. 334 of 2023 dated
30.05.2023 registered with Bharati Vidyapeeth Police Station, Pune
City for the offence punishable under Sections 498-A, 323 & 504 of
the Indian Penal Code, 1860 and the charge-sheet bearing Regular
Criminal Complaint No. 2952/2023 pending before the Judicial
Magistrate First Class at Pune, are quashed. Criminal proceedings
against the Petitioner arising out of the said FIR and charge-sheet
are closed.

8. Criminal Writ Petition No. 3636 of 2025 is disposed of. No
order as to costs.

[ASHWIN D. BHOBE, J.]
GITALAXMI
KRISHNA
KOTAWADEKAR
1 (2017) 9 SCC 641.
Digitally signed by Page 3 of 3
GITALAXMI KRISHNA
KOTAWADEKAR
Date: 2026.01.31
17:25:51 +0530

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