Bombay High Court

JAYESH JEEVAN KAMBLI AND ANRversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 31 August 2026
Disposal: Disposed Off

Holding

The Court held that the FIR must be quashed under Section 528 of the BNSS as the parties have reconciled their dispute.

Summary

The petitioners, a husband and wife, filed a writ petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) seeking to quash FIR No. 717 of 2024 registered at Pantnagar Police Station for alleged offences under Sections 115, 118(1) and 117 of the BNSS. The FIR was lodged by the wife, Namrata Jayesh Kambli, at the instance of the husband. The parties submitted a consent affidavit dated 18 January 2025 indicating that they had reconciled their marital dispute. The Court examined whether the reconciliation and mutual consent justified setting aside the FIR under the statutory provision. Finding that the parties had indeed reconciled, the Court held that the petition merited relief and ordered the FIR to be quashed. Consequently, the petition was allowed and disposed.

Issues considered

Whether an FIR filed under Sections 115, 118(1) and 117 of the BNSS can be quashed under Section 528 of the BNSS on the ground of reconciliation between the complainant and the accused.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 115, 117, 118(1), 528

Subjects

quash FIR
reconciliation
marital dispute
Section 528
BNSS
criminal procedure

Judgment

58. CRI WP-610-25.odt

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 610 OF 2025

Jayesh Jeevan Kambli & Anr. .. Petitioners
Versus
The State of Maharashtra & Anr. .. Respondents
....................
 Mr. Durgesh Jaiswal, Advocate for Petitioners
 Mr. Amit Munde, Addl. P.P. for State
 Ms. Prachi Doiphode, Advocate for Respondent No. 2
...................
CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 31, 2026
P. C.:

1. Heard Mr. Jaiswal, learned Advocate for Petitioners and Mr.

Munde, learned Addl. PP for State.

2. Present Writ Petition is filed under the provisions of Section 528

of the Bharatiya Nagarik Suraksha Sanhita (for short "BNSS") for

quashing and setting aside FIR bearing CR No. 717 of 2024 registered

at Pantnagar Police Station, Mumbai for offences under Sections 115,

118(1),117 of BNS at the instance of the Respondent No. 2 Namrata

Jayesh Kambli (Complainant).

3. Applicant and Respondent No. 2 are husband and wife. Charge

is with regard to certain incidents which have occurred between them.

Consent affidavit dated 18.01.2025 is appended at page Nos. 16-17 of

Petition.

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58. CRI WP-610-25.odt

4. Considering the fact that the parties have reconciled their

marital dispute, present Petition deserves to be allowed. Hence,

Petition is allowed in terms of prayer clause (b) which reads thus:-

"(b) This Hon'ble Court may kindly quash and set aside FIR bearing C.R.
No. 717 of 2024 registered at Pantnagar Police Station, Mumbai for
offences under Sections 115, 118(1),117 of BNS at the instance of
the Respondent No. 1 Namrata Jayesh Kambli (Complainant)."

5. Petition is allowed and disposed.

Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
AMBERKAR
MOHAN Date:
AMBERKAR 2026.09.01
10:51:47
+0530

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