Bombay High Court

ALOK RANJAN KRIPASHANKAR TIWARI AND ANRversusSTATE OF MAHARASHTRA AND ANR

Decided: 23 January 2026
Disposal: Disposed Off
Bench: ASHWIN D BHOBE

Holding

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

Summary

The petitioners filed a writ under Article 226 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quash of FIR No. 1064 of 2022 and the charge‑sheet C.C. No. 313/PW/2023 relating to offences under IPC Sections 420 read with 34. Respondent No. 2 submitted an affidavit stating that the dispute with the petitioners had been amicably settled and that he had no objection to the quashing of the criminal proceedings. The State also agreed that continuing the case would serve no purpose. The Court, relying on Supreme Court precedents (Gian Singh v. State of Punjab, Narinder Singh v. State of Punjab, and Parbatbhai Aahir v. State of Gujarat), held that an amicable settlement and the complainant’s consent are sufficient grounds to quash the FIR and charge‑sheet. Consequently, the petition was allowed and the criminal proceedings were closed. No order as to costs was made.

Issues considered

Whether an FIR and charge‑sheet can be quashed on the basis of an amicable settlement and the complainant’s affidavit under Article 226 and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Whether the Supreme Court decisions on settlement of criminal matters are applicable to the present case.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528
Constitution of India — s. Article 226
Indian Penal Code, 1860 — s. 34, 420

Subjects

quash of FIR
amicable settlement
criminal proceedings
Article 226
Section 528 BNSS
Section 420 IPC
Section 34 IPC
High Court jurisdiction
affidavit
consent

Judgment

Gitalaxmi 909-WP-5440-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 5440 OF 2024

Alok Ranjan Kripashankar Tiwari And Anr. ...Petitioners

Versus

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

Mr. Dhananjay Kandharkar a/w Mr. Amrendra Sinha & Ms. Shriya
Kandharkar, learned Advocates for the Petitioners.
Both the Petitioners are present in the Court.

Ms. Pallavi N. Dabholkar, learned A.P.P. for the State/Respondent.
Mr. Viraj Chavan, learned Advocate for Respondent No. 2.
Respondent No. 2 is present in the Court.
PI Mr. Kakade attached to DCB CID-11, Kandivali is present in the Court.
__________

CORAM : ASHWIN D. BHOBE, J.
DATE : 23rd JANUARY 2026.

P.C. :

1. Heard Mr. Dhananjay Kandharkar, learned Advocate for the
Petitioners, Ms. Pallavi Dabholkar, learned A.P.P. for the
State/Respondent and Mr. Viraj Chavan, learned Advocate for
Respondent No. 2.

2. At the outset, Mr. Dhananjay Kandharkar, learned Advocate
for the Petitioners craves leave to amend the prayer clause of this
Petition to incorporate the details of charge-sheet. Ms. Pallavi
Dabholkar, learned A.P.P. for the State/Respondent No. 1 and Mr.
Viraj Chavan, learned Advocate for Respondent No. 2 do not object
for grant of the request made by Mr. Dhananjay Kandharkar. Leave
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to amend is granted. Amendment to be carried out forthwith.

3. This Petition is preferred by the Petitioners under Article 226
of the Constitution of India and under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023, for quashing of the First
Information Report bearing No. 1064 of 2022 dated 09.12.2022
registered with DCB-CID Branch at Goregaon Police Station,
Mumbai for the offences punishable under Section 420 read with
Section 34 of the Indian Penal Code, 1860 and the charge-sheet
bearing C.C. No. 313/PW/2023 pending before 37 th Court at
Esplanade, Mumbai, arising out of the said FIR.

4. Petitioners are present in the Court along with their Advocate
Mr. Dhananjay Kandharkar. Respondent No. 2 is present along
with his Advocate Mr. Viraj Chavan. Mr. Dhananjay Kandharkar
and Mr. Viraj Chavan submit that dispute between Petitioners and
Respondent No. 2 is amicably resolved, as such Respondent No. 2
has given his No Objection for quashing of the criminal proceedings
initiated at his instance. They therefore submit that the criminal
proceedings against the Petitioners be quashed.

5. Mr. Viraj Chavan tenders Affidavit dated 02.12.2025 affirmed
by Respondent No. 2 before the Notary Advocate Mr. Shane Cardoz
along with Consent Terms and the photostat copy of Aadhar Card
of Respondent No. 2 as identity proof. Same are taken on record
and marked as “X Colly.” for identification. Respondent No. 2, who
is present in the Court, states that he has filed the said Affidavit
dated 02.12.2025 (X Colly.) out of his own free will and without
any pressure, force or coercion from any person. He states that the

Page 2 of 4
Gitalaxmi 909-WP-5440-2024.doc

contents of Affidavit dated 02.12.2025 (X Colly.) are as per his say.
He reiterates that the dispute between him and the Petitioners is
amicably resolved, as such he gives No Objection for quashing of
the criminal proceedings.

6. Ms. Pallavi Dabholkar, learned A.P.P. for the State/Respondent
submits that in view of the statements made by Respondent No. 2
of the matter being settled, his statements in the Affidavit dated
02.12.2025 and the documents tendered along with said Affidavit,
no purpose would be served by continuing with the criminal
proceedings. She therefore submits that the impugned FIR and the
charge-sheet be quashed.

7. 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
02.12.2025) 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 Another1, Narinder Singh and Others v/s. State
of Punjab and Another2 and Parbatbhai Aahir Alias Parbatbhai
Bhimsinbhai Karmur and Others Vs. State of Gujarat and Anr. 3,
there is no impediment to allow this Petition and to quash the
criminal proceedings.

8. In view of the above, Petition is allowed in terms of prayer
clause (a). Consequently, FIR bearing No. 1064 of 2022 dated
09.12.2022 registered with DCB-CID Branch at Goregaon Police
Station, Mumbai for the offence punishable under Section 420 read
1. (2012)10 Supreme Court Cases 303.
2. (2014)6 Supreme Court Cases 466.
3 (2017) 9 SCC 641.
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with Section 34 of the Indian Penal Code, 1860 and the subsequent
charge-sheet bearing C.C. No. 313/PW/2023 pending before 37 th
Court at Esplanade, Mumbai, are quashed. Criminal proceedings
against the Petitioners arising out of the said FIR and the charge-
sheet are closed.

9. Criminal Writ Petition No. 5440 of 2024 is disposed of. No
order as to costs.

[ASHWIN D. BHOBE, J.]

Digitally signed
by GITALAXMI
GITALAXMI KRISHNA
KRISHNA KOTAWADEKAR
KOTAWADEKAR Date:
2026.02.09
19:54:53 +0530

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