Bombay High Court

SHIVRATAN DEENDAYAL SUTHARversusSTATE OF MAHARASHTRA AND ANR

Decided: 6 February 2026
Disposal: Disposed Off
Bench: ASHWIN D BHOBE

Holding

The petition is allowed; the FIR and charge‑sheet are quashed and criminal proceedings are closed.

Summary

The petitioner, Shivratan Deendayal Suthar, filed a writ petition under Article 226 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quash of FIR No. 618 of 2024 and the subsequent charge‑sheet for offences under Sections 64(1), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023. The petitioner and Respondent No. 2 (his wife) had resolved their matrimonial dispute, and Respondent No. 2 submitted an affidavit stating she had no objection to the quash of the criminal proceedings. The State opposed the quash but did not contest the affidavit. Relying on Supreme Court precedents permitting quash of criminal proceedings where the complainant withdraws the complaint and there is no public interest, the Court held there was no impediment to granting the relief. The petition was allowed, the FIR and charge‑sheet were quashed, and Respondent No. 2 was directed to deposit a cost of Rs 10,000.

Issues considered

The court’s jurisdiction to quash an FIR and charge‑sheet under Article 226 and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Whether an amicable settlement and an affidavit of no objection by the complainant justify quashing criminal proceedings for offences under the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528
Bharatiya Nyaya Sanhita, 2023 — s. 351(2), 352, 64(1)
Constitution of India — s. Article 226

Subjects

quash of FIR
amicable settlement
criminal proceedings
Section 528
Article 226
Bharatiya Nyaya Sanhita
cost order

Judgment

Gitalaxmi 910-WP-4226-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 4226 OF 2025

Mr. Shivratan Deendayal Suthar ...Petitioner

Versus

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

Mr. Vishnu Wani i/b Ms. Nirjala Mishra, learned Advocate for the
Petitioner.
Petitioner is appearing through VC.

Mr. Tanveer G. Khan, learned A.P.P. for the State/Respondent.
Mr. Prasad Jangam, learned Advocate for Respondent No. 2.
Respondent No. 2 is present in the Court.
PSI Mr. Dhanawade attached to Navghar Police Station, Bhayander,
Thane is present in the Court.
__________

CORAM : ASHWIN D. BHOBE, J.
DATE : 6th FEBRUARY 2026.

P.C. :

1. Heard Mr. Vishnu Wani, learned Advocate for the Petitioner,
Mr. Tanveer Khan, learned A.P.P. for the State/Respondent and Mr.
Prasad Jangam, learned Advocate for Respondent No. 2.

2. This Petition under Article 226 of the Constitution of India
and under Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023 is preferred by the Petitioner for quashing of the First
Information Report bearing No. 618 of 2024 dated 08.11.2024
registered with Navghar Police Station, District-Mira-Bhayander,
Vasai-Virar for the offences punishable under Sections 64(1), 352 &
351(2) of the Bharatiya Nyaya Sanhita, 2023 and the subsequent
Page 1 of 4
Gitalaxmi 910-WP-4226-2025.doc

charge-sheet bearing No. 33 of 2025 dated 10.02.2025 registered
as Regular Criminal Case No. 7446 of 2025 pending before the
Additional Sessions Judge, Thane, arising out of the said FIR.

3. Petitioner appears through Video Conference. Mr. Vishnu
Wani, learned Advocate for the Petitioner identifies Petitioner and
tenders the photostat copy of his Aadhar Card as identity proof.
Same is taken on record and marked as “X” for identification.
Respondent No. 2 is present along with her Advocate Mr. Prasad
Jangam. Mr. Prasad Jangam tenders photostat copy of the Aadhar
Card of Respondent No. 2 as identity proof. Same is taken on
record and marked as “X-1” for identification.

4. Mr. Vishnu Wani and Mr. Prasad Jangam jointly submit that
the Petitioner and Respondent No. 2 have resolved their
matrimonial discord and therefore, Respondent No. 2 has given No
Objection for quashing of the criminal proceedings. They therefore
submit that the criminal proceedings against the Petitioner be
quashed.

5. Mr. Prasad Jangam, learned Advocate for Respondent No. 2
has tendered the Affidavit dated 04.08.2025 affirmed by
Respondent No. 2 before the Notary Advocate S. N. Dhange,
Mumbai at page no. 137 of the paper-book. Same is taken on
record and marked as “X-2” for identification. Respondent No. 2
states that she has filed the Affidavit (X-2) out of her own free will
and without any pressure, force or coercion from any person. She
states that the contents of Affidavit (X-2) are as per her say. She
reiterates that she gives No Objection for quashing of the criminal

Page 2 of 4
Gitalaxmi 910-WP-4226-2025.doc

proceedings.

6. Mr. Tanveer Khan, learned A.P.P. for the State/Respondent
submits that in view of the statements made by Respondent No. 2
in the Affidavit (X-2), the impugned FIR and the subsequent
charge-sheet can be quashed. He however insists for imposition of
cost on the parties.

7. Mr. Prasad Jangam, learned Advocate on instructions from
Respondent No. 2, who is present in the Court, states that
appropriate amount would be paid as costs.

8. Having regards to the facts as placed before me, the nature of
dispute, the amicable settlement arrived between the parties, the
statements made on oath by Respondent No. 2 (Affidavit dated
04.08.2025 at X-2) and having regards to the judicial
pronouncements by the Hon’ble Supreme Court in the cases of
Gian Singh v/s. The State of Punjab and Another 1, Narinder Singh
and Others v/s. State of Punjab and Another2, Sandeep Singh
Thakur v/s. The State of Madhya Pradesh and Anr. 3 and Parbatbhai
Aahir Alias Parbatbhai Bhimsinbhai Karmur and Others Vs. State of
Gujarat and Anr.4, there is no impediment in allowing this Petition.

9. In view of the above, Petition is allowed in terms of prayer
clause (a) subject to cost of Rs. 10,000/-. Consequently, the
impugned FIR bearing No. 618 of 2024 dated 08.11.2024
registered with Navghar Police Station, District-Mira-Bhayander,

1. (2012)10 Supreme Court Cases 303.
2. (2014)6 Supreme Court Cases 466.
3. 2025 SCC OnLine SC 2927.
4. (2017) 9 SCC 641.
Page 3 of 4
Gitalaxmi 910-WP-4226-2025.doc

Vasai-Virar for the offences punishable under Sections 64(1), 352 &
351(2) of the Bharatiya Nyaya Sanhita, 2023 and the subsequent
charge-sheet bearing No. 33 of 2025 dated 10.02.2025 registered
as Regular Criminal Case No. 7446 of 2025 pending before the
Additional Sessions Judge, Thane, arising out of the said FIR, are
quashed. Criminal proceedings against the Petitioner arising out of
the said FIR and charge-sheet are closed.

10. Respondent No. 2 shall deposit cost of Rs. 10,000/- in the
following account within a period of 2 weeks from today and
furnish proof of deposit before the Registry of this Court by filing
an Affidavit of compliance on or before 05.03.2026 :-

The High Court Employees Medical Welfare Fund at Mumbai
Account No.: 000120110001337
Bank : Bank of India
Branch : Mumbai Main
IFSC Code : BKID0000001

11. Criminal Writ Petition No. 4226 of 2025 is disposed of in the
above said terms.

[ASHWIN D. BHOBE, J.]

Digitally signed
by GITALAXMI
GITALAXMI KRISHNA
KRISHNA KOTAWADEKAR
KOTAWADEKAR Date:
2026.02.13
21:13:06 +0530

Page 4 of 4

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