Bombay High Court
VIJAYLAXMI AMIT BALIversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The High Court exercised its inherent powers under Section 482 of the CrPC and quashed the FIRs, charge‑sheets, and related police witness case in both petitions.
Summary
The petitioner, Vijaylaxmi Amit Bali, sought quashing of two criminal complaints filed by her husband under various sections of the Indian Penal Code. The complaints (CR No.353/2019 and FIR No.470/2021) alleged offences such as cheating, forgery, and criminal conspiracy. The parties reconciled and settled the dispute in parallel proceedings under the Protection of Women from Domestic Violence Act, 2005, and submitted consent affidavits requesting the court to set aside the FIRs and charge‑sheets. Relying on the inherent powers of the High Court under Article 226 of the Constitution and Section 482 of the CrPC, the court permitted the quashing of the criminal proceedings. Both writ petitions were allowed, the FIRs and charge‑sheets were set aside, and the pending police witness case was ordered to be disposed of. No costs were awarded, noting the matrimonial nature of the dispute.
Issues considered
- Whether the High Court can quash FIRs and charge‑sheets under Section 482 of the CrPC when the parties have mutually consented to settle the dispute.
- Whether the settlement under the Protection of Women from Domestic Violence Act, 2005, justifies the dismissal of the criminal proceedings.
Legislation cited
- Code of Criminal Procedure, 1973 — s. Section 482
- Constitution of India — s. Article 226
- Indian Penal Code, 1860 — s. Section 201, Section 34, Section 409, Section 419, Section 420, Section 465, Section 468, Section 471
- Protection of Women from Domestic Violence Act, 2005
Subjects
- quashing of FIR
- Section 482 CrPC
- Article 226
- domestic violence
- reconciliation
- consent affidavit
- criminal procedure
- IPC offences
- matrimonial dispute
Judgment
93.WP.6364.2021+.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.6364 OF 2021
WITH
INTERIM APPLICATION NO.2750 OF 2026
Vijaylaxmi Amit Bali .. Petitioner
Versus
The State of Maharashtra and Anr. .. Respondents
WITH
WRIT PETITION NO.6596 OF 2025
Vijaylaxmi Amit Bali .. Petitioner
Versus
The State of Maharashtra and Anr. .. Respondents
....................
Mr. Prithviraj Sanjay Gole a/w. Mr. Abhishek Shende, Ms. Juhi
Raut and Mr. Jay Raut, Advocates for Petitioner in both Petitions.
Ms. Rajeshree V. Newton, APP for Respondent No.1 – State.
Ms. Abhilasha Pawar, Advocate i/by Mr. Amit Icham for
Respondent No.2.
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 11, 2026
P.C.:
1. Heard Mr. Gole, learned Advocate for Petitioner in both
Petitions; Ms. Newton, learned APP for Respondent No.1 – State and
Ms. Pawar, learned Advocate for Respondent No.2.
2. For the reasons mentioned in the Interim Application,
impleadment is permitted by the Court. Amendment is permitted to be
carried out within a period of one week from today. Reverification
stands dispensed with. Writ Petitions are taken up for hearing
forthwith.
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93.WP.6364.2021+.doc
3. Writ Petition No.6364 of 2021 is filed under Article 226 of
the Constitution of India in the matter under Section 482 of the Code
of Criminal Procedure, 1973 in C.R. No.353 of 2019 registered with
Chaturshrungi Police Station, Pune for offences punishable under
Sections 420, 468, 471, 201 and 409 read with Section 34 of the
Indian Penal Code, 1860.
4. Writ Petition No.6596 of 2025 is filed under Article 226 of
the Constitution of India in the matter under Section 482 of the Code
of Criminal Procedure, 1973 in C.R. No.470 of 2021 registered with
Pant Nagar Police Station, Mumbai for offences punishable under
Sections 419, 420, 465 and 471 read with Section 34 of the Indian
Penal Code, 1860.
5. Both the Complaints are filed by Respondent qua his wife
who is Petitioner before me. Parties have reconciled their disputes and
have sought quashing by consent. They have settled their dispute
between them in parallel proceedings under Protection of Women from
Domestic Violence Act, 2005 as informed by the learned Advocates.
Complainant is present in Court. Her Consent Affidavit dated
14.01.2026 is placed on page No.296 in Writ Petition No.6364 of 2026
and Consent Affidavit dated 14.01.2026 is placed at page No.147 in
Writ Petition No.6596 of 2025. Affidavits of Complainant – husband
are also placed before the Court. He and his wife both being present
before the Court persuade Court to quash the Complaint and FIR and
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93.WP.6364.2021+.doc
criminal proceedings since the entire lis between them has been
amicably resolved in parallel DV proceedings.
6. In view of the above, Writ Petition No.6364 of 2026 is
allowed in terms of prayer clause (a) which reads thus:-
“a. By an appropriate Writ/direction/order of this Hon’ble Court, the
CR No. 353 of 2019 registered with Chaturshrungi Police Station,
Pune at Pune and chargesheet bearing its no. 64 / 2020 which
has culminated into RCC/1947/2020 qua the present petitioner
for allegedly having committed the offenses punishable under
Sec.420, 468, 471, 201 and 409 r/w. 34 of the Indian Penal
Code, 1860 (which is annexed to the present petition at Exh. “A”)
be quashed and set aside. ”
7. Writ Petition No.6596 of 2025 is also allowed in terms of
prayer clause (a) which reads thus:-
“a. By an appropriate Writ/direction/order of this Hon’ble Court, the
FIR No.470 of 2021 registered with Pant Nagar Police Station,
Mumbai qua the present petitioner for allegedly having
committed the offenses punishable under Sec.419, 420, 465 and
471 r/w. 34 of the Indian Penal Code, 1860 along with
chargesheet filed therein (which is annexed to the present
petition at Exh. “A” Colly) be quashed and set aside and
consequential Police Witness P.W Case no.721 of 2022, arising
from the said FIR, which is pending on the file of Learned
Additional Chief Judicial Magistrate, Court no.50 at Vikhroli
Mumbai be disposed of in light of quashing of impugned FIR and
Chargesheet.”
8. No order as to costs at the request made by the learned
Advocate for the Petitioner since the Petitioner is the wife (woman)
and the dispute arises out of matrimonial proceedings / issues.
9. Writ Petition No.6364 of 2026 and Writ Petition No.6596 of
2025 are allowed and disposed in the aforesaid terms. Pending
Interim Application is also disposed.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
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Digitally signed
HARSHADA by HARSHADA
HANUMANT
HANUMANT SAWANT
SAWANT Date: 2026.09.12
18:09:50 +0530
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