Bombay High Court
BHARAT NAVINCHANDRA GALA SOLE PROPRIETOR OF ARIHANT BUILDERS AND DEVLOPERSversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Allowed
Holding
The Court held that the settlement between the parties justified quashing the FIR and chargesheet under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Bharat Navinchandra Gala, filed a writ petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash FIR No. 219 of 2024 and the accompanying chargesheet for an alleged offence under Section 306 of the IPC. The parties had reconciled, with Respondent No.2 filing an affidavit confirming settlement of the dispute. The Court, considering the settlement and the provisions of Section 528, ordered the petition to be allowed and directed the quashing of the FIR and chargesheet. As a condition, the petitioner was required to deposit Rs. 25,000 to a special school for children with disabilities within two weeks, with proof of payment to be filed. The order was marked for compliance on 4 September 2026, and the petition was disposed.
Issues considered
- Whether an FIR and chargesheet can be quashed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on the basis of a settlement between the parties.
- Whether the settlement and affidavit of Respondent No.2 suffice to bar continuation of criminal proceedings under Section 306 IPC.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code, 1860 — s. 306
Subjects
- quash FIR
- settlement
- criminal procedure
- Section 528
- Bharatiya Nagarik Suraksha Sanhita
- Section 306 IPC
- costs deposition
- special school donation
Judgment
51. CRI WP-3806-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 3806 OF 2026
Bharat Navinchandra Gala
Sole Proprietor of Arihant Builders & Developers .. Petitioner
Versus
The State of Maharashtra & Anr. .. Respondents
....................
Mr. Abhinesh Yadav, Advocate for Petitioner
Ms. Sangeeta Phad, APP for State
Mr. Dilip H. Shukla, Advocate for Respondent No. 2
...................
CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 21, 2026
P. C.:
1. Heard Mr. Yadav, learned Advocate for Petitioner; Ms. Phad,
learned APP for State and Mr. Shukla, learned Advocate for
Respondent No. 2.
2. Present Petition under Section 528 of Bharatiya Nagarik
Suraksha Sanhita, 2023 is filed for quashing and setting aside of C.R.
No. 219 of 2024 registered with Malad Police Station, Mumbai for the
offence punishable under Section 306 of the IPC and Chargesheet No.
1397/PW/2026 arising therefrom and filed before the learned 24th
Metropolitan Magistrate Court at Borivali, Mumbai.
3. It is stated that parties have reconciled their dispute, inter alia,
with regard to the dealings by the deceased with the Petitioner who
was the husband of Respondent No. 2. Petitioner is before me as also
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Respondent No. 2 and I have interacted both of them. Respondent No.
2 informs the Court that the issue stands resolved and settled once and
for all and she is happy with the settlement. Affidavit dated
29.04.2026 (appended at page Nos. 39-43 of Petition) is filed by
Respondent No. 2 to that effect wherein she has given her consent and
would submit that the settlement has fructified.
4. In view of the affidavit filed by Respondent No. 2 and in view of
the facts and circumstances of the present case, it would be
appropriate if the matter is settled once for all. However in view of the
criminal law set into motion, I direct the Petitioner to deposit costs of
Rs. 25,000/- to A.K. Munshi Yojana’s J.T. Sheth Mandbuddhi Vikas
Kendra, a Special School imparting education and training to the
needs of 150 special children in the field of Education (Classes for 6 to
18 years), early intervention(upto 6 years) and vocational training (18
years above) having its school address and building at A.K. Munshi
Yojana Chowk, 3rd Panjarapole Lane, C.P. Tank, Mumbai – 400 004
[Contact Nos. 22425513 / 22423654] registered under the Society
Registration Act, XXI of 1980 under No. : 387/81 GBBSD and the
Public Trust Act, XXIX of 1950 under No. F-6809. RCI Reg. No. 0163
within a period of two weeks from the date of uploading of this order
as a condition for allowing the present Petition. Copy of receipt of
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51. CRI WP-3806-26.odt
payment of costs shall be placed on record within a period of two
weeks for compliance.
5. In view of the above, Petition stands allowed and disposed in
terms of prayer clause (a) which reads thus:-
"(a) This Hon'ble Court may be pleased to issue an appropriate writ,
order or direction thereby quashing and setting aside C.R. No. 219
of 2024 registered with Malad Police Station, Mumbai and C.C. No.
1397/PW/2026 pending before the learned 24th Metropolitan
Magistrate Court at Borivali, Mumbai, together with all
consequential proceedings arising therefrom."
6. Though the present Petition is disposed, it is kept for compliance
of this order on 4th September, 2026 under the caption "for
Compliance".
Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
AMBERKAR
MOHAN Date:
AMBERKAR 2026.08.21
20:15:38
+0530
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