Bombay High Court
SUNIL DEVNARAYAN SINGH AND ORSversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
Holding
The Court held that, given the settlement and the complainant’s clear intention not to prosecute, it was proper to exercise its power under Section 528 of the BNSS to quash the FIR and the pending criminal complaint.
Summary
The petitioners sought quashing of FIR No. 294 of 2022 and a regular criminal complaint pending before a civil court, which alleged offences under sections 498‑A, 406, 323, 354 and 504 r/w 34 of the IPC. The complaint was filed by Respondent No. 2, Beauty Sunil Singh, who later executed a no‑objection affidavit stating she no longer wished to pursue the case after the parties’ marriage was dissolved by a decree dated 24‑03‑2025. Both parties, through their counsel, confirmed that the matrimonial dispute was settled and that there was no longer any public interest in continuing the criminal prosecution. Relying on the settlement, the affidavit, and the Supreme Court’s decision in Parbatbhai Aahir Alias Parbatbhai Bhimsinbhai Karmur v. State of Gujarat, the Court exercised its inherent power under Section 528 of the BNSS to quash the proceedings. Consequently, the FIR and the charge‑sheet were ordered to be quashed and the criminal proceedings closed, and the writ petition was disposed.
Issues considered
- The court’s power to quash criminal proceedings under its inherent jurisdiction when the complainant withdraws the complaint after a settlement.
- Whether the settlement of a matrimonial dispute and the complainant’s affidavit suffice to extinguish the public interest in the prosecution.
- The applicability of the Supreme Court precedent in Parbatbhai Aahir v. State of Gujarat to the present case.
Legislation cited
- BNSS — s. 528
- Code of Criminal Procedure — s. 482
- Indian Penal Code, 1860 — s. 323, 34, 354, 406, 498-A, 504
Subjects
- quash criminal proceedings
- settlement
- matrimonial dispute
- inherent jurisdiction
- Section 482 CrPC
- Section 528 BNSS
- divorce decree
- FIR
- charge-sheet
Judgment
Gitalaxmi 27-WP-464-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 464 OF 2025
Sunil Devnarayan Singh And Ors. ...Petitioners
Versus
The State of Maharashtra And Anr. ...Respondents
__________
Mr. Hitesh V. Jain, learned Advocate for the Petitioners.
Petitioner Nos. 1 & 4 to 6 are present in the Court.
Petitioner Nos. 2, 3 & 7 are present through VC.
Ms. Pallavi N. Dabholkar, learned A.P.P. for the State/Respondent.
Ms. Ritu Srivastava, learned Advocate for Respondent No. 2.
Ms. Beauty Sunil Singh, Respondent No. 2 is present in the Court.
PSI Mr. Yogesh More attached to Navghar Police Station is present in the
Court.
__________
CORAM : ASHWIN D. BHOBE, J.
DATE : 13th JANUARY 2026.
P.C. :
1. Heard Mr. Hitesh Jain, learned Advocate for the Petitioners,
Ms. Pallavi Dabholkar, learned A.P.P. for the State/Respondent and
Ms. Ritu Srivastava, learned Advocate for Respondent No. 2.
2. By the present Petition, Petitioners have sought for the
following substantive relief :-
“(a) That the FIR No. 294 of 2022 registered by the
Navghar Police Station at the instance of Beauty Singh i.e. the
Respondent No. 2 for the alleged offence committed u/sec.
498-A, 406, 323, 354 and 504 r/w section 34 of IPC and the
Regular Criminal Complaint No. 2663 of 2022 pending before
the file of 8th Court of the Ld. Jt. Civil Judge J.D. and JMFC,
thane Registered pursuant to filing of Charge-sheet in FIR No.
294 of 2022 be quashed by this Hon'ble Court in exercise of
its inherent power u/sec. 482 of code of criminal procedure
code.”
Page 1 of 4
Gitalaxmi 27-WP-464-2025.doc
3. Today, Petitioner Nos. 1 & 4 to 6 are present in the Court
along with Mr. Hitesh Jain, learned Advocate for the Petitioners.
Petitioner Nos. 2, 3 & 7 are appearing through Video Conference in
terms of the liberty granted vide order dated 08.01.2026. Mr.
Hitesh Jain, learned Advocate for the Petitioners has tendered
photostat copies of Aadhar and Pan Cards duly certified by him of
Petitioner Nos. 1 to 7. The same are taken on record and marked
as “X Colly.” for identification.
4. Respondent No. 2 as well as Ms. Ritu Srivastava, learned
Advocate for Respondent No. 2 do not dispute the identity of
Petitioner Nos. 1 to 7.
5. Ms. Ritu Srivastava, learned Advocate for Respondent No. 2
has tendered and Affidavit-cum-No Objection dated 08.01.2026
along with the copy of Identity Card of Respondent No. 2. The
same are taken on record and marked as “X-1 Colly.” for
identification. Respondent No. 2 (Ms. Beauty Sunil Singh) states
that the contents of paragraph nos. 1 to 11 of the Affidavit dated
08.01.2026 (document at X-1 Colly) are true and as per her say.
She states that she has signed on each page of said Affidavit, which
is marked at point “A”. She states that the said Affidavit has been
filed by her out of her own free will and without any pressure or
coercion from any person. She states that she has resolved the
issue amicably with the Petitioners and decided to separate from
Petitioner No. 1. She states that the marriage between her and
Petitioner No. 1 stands dissolved by a decree dated 24.03.2025,
passed by the Civil Judge Senior Division Thane in Marriage
Petition No. 198 of 2024. She submits that considering the
Page 2 of 4
Gitalaxmi 27-WP-464-2025.doc
subsequent events and the matrimonial dispute being resolved, she
does not intend to pursue/prosecute the criminal proceedings.
6. Petitioner Nos. 1 & 4 to 6, who are present in the Court and
Petitioner Nos. 2, 3 & 7, who are appearing through Video
Conference state that the matrimonial dispute with Respondent No.
2 is resolved.
7. Mr. Hitesh Jain, learned Advocate for the Petitioners and Ms.
Ritu Srivastava, learned Advocate for Respondent No. 2 jointly
submit that the matrimonial discord between Petitioner No. 1 and
Respondent No. 2 is indeed settled and they have parted way. They
tender a photostat copy of the judgment dated 24.03.2025 passed
in Marriage Petition No. 198 of 2024. Same is taken on record and
marked as “X-2” for identification. They further submit that the
criminal proceedings filed by Respondent No. 2 against the
Petitioners may not be continued and the same be quashed.
8. Ms. Pallavi Dabholkar, learned A.P.P. for the State/Respondent
submits that in view of the statements made today by Respondent
No. 2 before this Court, her statements in the Affidavit dated
08.01.2026 at X-1 Colly. and the judgment at X-2, no purpose
would be served by continuing with the criminal proceedings. She
therefore submits that the impugned FIR and the charge-sheet,
which according to Mr. Hitesh Jain, learned Advocate for the
Petitioners, is registered as 9904 of 2025 and pending before the
2nd Court of learned Joint Civil Judge, Junior Division, Mira-
Bhayander, be quashed.
9. In the instant case, Petitioner No. 1 and Respondent No. 2
Page 3 of 4
Gitalaxmi 27-WP-464-2025.doc
have separated pursuant to the dissolution of marriage by the
Court of Law. Respondent No. 2 admits that she has no grievance
against the Petitioners and that she has no intend to continue with
the criminal proceedings.
10. Considering the facts as placed before me, the settlement
arrived between the parties, the statements made on oath by
Respondent No. 2 (Affidavit at X-1 Colly.) 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, I deem it fit and proper to exercise powers under
Section 528 of the BNSS to quash the criminal proceedings.
11. Petition is therefore allowed in terms of prayer clause (a).
Consequently First Information Report No. 294 of 2022 dated
15.04.2022 registered with Navghar Police Station, District-Mira-
Bhayander, Vasai-Virar and the charge-sheet, registered as Regular
Criminal Complaint No. 9904 of 2025 pending before 2 nd Court of
learned Joint Civil Judge, Junior Division, Mira-Bhayander, are
quashed. Criminal proceedings against the Petitioners arising out
of the impugned FIR are closed.
12. Writ Petition No. 464 of 2025 is disposed of.
[ASHWIN D. BHOBE, J.]
GITALAXMI
KRISHNA
KOTAWADEKAR
Digitally signed by
GITALAXMI KRISHNA
KOTAWADEKAR 1 (2017) 9 SCC 641.
Date: 2026.01.20 Page 4 of 4
14:35:18 +0530
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