Bombay High Court
SHREYAS SHRIKANT DESAI AND ANRversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Allowed
Holding
The High Court held that the criminal case under Sections 31 and 32 of the Protection of Women from Domestic Violence Act may be quashed when the victim, having settled the dispute, expressly consents to the withdrawal of the prosecution.
Summary
The petitioners, the husband and mother‑in‑law of the victim, sought to quash Criminal Case No. 5959/PS/2025 filed under Sections 31 and 32 of the Protection of Women from Domestic Violence Act, 2005, which arose from their alleged non‑compliance with a protection order dated 5 April 2023. The victim had earlier obtained interim maintenance and a directive to pay a housing loan EMI, which the petitioners failed to honor, leading to the registration of an FIR. The parties later reached an amicable settlement, with the victim consenting to a mutual‑consent divorce and expressing a desire to withdraw the criminal proceedings. The victim’s affidavit confirming this consent was placed on record. The Court, noting the settlement and the victim’s clear intention not to prosecute, allowed the writ petition and quashed the criminal case, ordering both parties to pay a nominal cost to the Mumbai Police Welfare Fund.
Issues considered
- The court must determine whether a criminal case under Sections 31 and 32 of the PWDV Act can be quashed on the basis of a settlement and the victim’s consent to withdraw prosecution.
- Whether the victim’s affidavit and the parties’ agreement are sufficient to set aside the FIR and pending criminal proceedings.
Legislation cited
- Protection of Women from Domestic Violence Act, 2005 — s. 18, 19, 20, 31, 32
Subjects
- Domestic Violence
- Protection of Women from Domestic Violence Act
- Criminal Procedure
- Quash of FIR
- Victim Consent
- Settlement
- Maintenance
- Divorce by Mutual Consent
Judgment
HEMANT
CHANDERSEN H.C.SHIV 3.WP627.26.DOC
SHIV
Digitally signed by
HEMANT
CHANDERSEN SHIV
Date: 2026.10.07
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
11:19:06 +0300 CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.627 OF 2026
1. Shreyas Shrikant Desai
…Petitioners
2. Rachana Shrikant Desai
V/s.
1. The State of Maharashtra …Respondents
2. Ashwini Shreyas Desai
Mr. Vaibhav Parab for the Petitioners.
Ms. Anagha Deshmukh, APP for Respondent No.1-State.
Mr. Parth Sanghrajka with Swati Singh, Amisha Thakkar and
Deepak Sharma for Respondent No.2.
Mr. Mahesh Sawant, PSI, Nehru Nagar police station present.
CORAM: SHYAM C. CHANDAK, J.
DATED : 30th SEPTEMBER, 2026
P.C. :-
1. Heard learned Counsel for the parties. Perused the record.
2. Present petition seeks quashing and setting aside Criminal
Case No.5959/PS/2025 pending before the learned Additional Chief
Judicial Magistrate, 34th Court at Vikhroli, Mumbai arising out of
the FIR bearing Cr. No.22 of 2024, registered with Nehru Nagar
police station, Mumbai for the offence punishable under Sections 31
and 32 of the Protection of Women from Domestic Violence Act,
2005 (“PWDV Act”) on the report dated 16 th January 2024, filed
against the petitioners by Respondent No.2 (“ the victim”) and the
Order dated 6th January 2024, passed by learned Additional Chief
Judicial Magistrate, 34th Court Vikhroli, Mumbai for registration of
FIR against the petitioners.
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H.C.SHIV 3.WP627.26.DOC
3. The prosecution case is that, petitioner No.1 is the husband
and petitioner No.2 is the mother-in-law of the victim. Both the
petitioners did not comply with the Order dated 5 th April 2023,
passed below Exh.6 in C.C. No.118/DV/2020 passed by the learned
Metropolitan Magistrate, 34th Court, Vikhroli, Mumbai. Thereby
certain reliefs were granted to the victim against the petitioners
invoking the provisions of Sections 18, 19 and 20 of the Protection
of Women from Domestic Violence Act, 2005, including to pay
monthly interim maintenance of Rs.30,000/- to the victim and
equal amount to her son from the date of the application.
Additionally, it was directed to regularly pay the EMI of the housing
loan of Rs.36,00,000/-. The petitioners failed to sufficiently comply
with the Order dated 5th April 2023. Consequently, the victim filed
the said Case No.1945/Misc./2023, therein, by Order dated 6th
January 2024, the learned Metropolitan Magistrate directed for
registration of the FIR on account of non compliance of the Order
dated 5th April 2023. The investigation culminated into filing of the
charge-sheet.
4. The learned Advocates for the parties submitted that, now,
the matter has been amicably settled between the parties. Petitioner
No.1 and the victim have decided to dissolve their marriage by
decree of divorce by mutual consent. The marriage petition filed by
petitioner No.1 earlier will be converted into a petition for divorce
by mutual consent. As per settlement terms, the victim has given
her consent and no objection to quash and set aside the impugned
FIR and consequent criminal case. An Affidavit sworn by the victim
to that effect is tendered by Mr. Sanghrajka, learned Counsel. It is
taken on record and marked “X” for identification.
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H.C.SHIV 3.WP627.26.DOC
5. The victim is present before the Court. She is identified by
Mr. Sanghrajka, learned Counsel. She has reiterated the contents of
the affidavit. The victim states that since the settlement is arrived at
between the parties, she does not want to prosecute the petitioners
in the said case and, she is firm on her stand. Therefore, no purpose
would be served by continuing the impugned prosecution. As a
result, I am inclined to allow the petition.
6. As I expressed my opinion for quashing of the present crime,
learned Advocates for the petitioners and the victim, on
instructions, submitted that, the petitioners will voluntarily pay a
costs of Rs.10,000/- and the victim will voluntarily pay a costs of
Rs.10,000/-. Said statements are accepted as an undertaking given
to this Court. Hence, following order:-
(a) Writ Petition No.627 of 2026 is allowed.
(b) Criminal Case No. 5959/PS/2025 pending before the
learned Additional Chief Judicial Magistrate, 34 th Court at
Vikhroli, Mumbai arising out of the FIR bearing Cr. No.22 of
2024, registered with Nehru Nagar police station, Mumbai
for the offence punishable under Sections 31 and 32 of the
PWDV Act and the Order dated 6th January 2024, passed by
learned Additional Chief Judicial Magistrate, 34 th Court
Vikhroli, Mumbai for registration of FIR against the
petitioners, are quashed and set aside.
7. The petitioners and the victim are directed to pay a cost of
Rs.10,000/- to the ‘Mumbai Police Welfare Fund’ within a period of
two weeks from the date of uploading of the present Order on the
official website of the High Court of Bombay and the payment
receipt(s) shall be submitted in the Registry of this Court. Details of
the bank account for payment of cost are as under :-
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H.C.SHIV 3.WP627.26.DOC
Account Name :- Mumbai Police Welfare Fund
Bank Name :- Axis Bank
Branch Name :- Lamington Road
Account Number :- 465010100008693
IFSC Code :- UTIB0000465
Account :- Savings
7.1 List this petition on 30th October, 2026 ‘for recording
compliance’.
(SHYAM C. CHANDAK, J.)
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