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Bombay High Court

CHINTAN SHAILESH MEHTAversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The writ petition is allowed; the FIR and charge‑sheet are quashed, subject to payment of costs by the parties.

Summary

The petitioner filed a writ under Article 226 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quash of an FIR (C.R. No. 98 of 2019) and a charge‑sheet for offences under IPC sections 354, 354(D), 323, 500 and 506. The petitioner and Respondent No. 2 had amicably settled their dispute and the latter filed an affidavit stating she withdrew all criminal complaints. Both parties, through their counsel, requested that the criminal proceedings be terminated. The State, while agreeing that the dispute was settled, sought exemplary costs for the use of police machinery. Relying on Supreme Court precedents (Gian Singh, Narinder Singh, Parbatbhai), the Court held there was no impediment to quash the proceedings, allowed the petition subject to each party depositing Rs 25,000 as cost, and ordered the FIR and charge‑sheet to be quashed and the case closed.

Issues considered

  • Whether a criminal proceeding can be quashed under Article 226 and Section 528 of the Bharatiya Nagarik Suraksha Sanhita when the parties have settled the dispute and the complainant has filed an affidavit withdrawing the complaint.
  • Whether exemplary costs may be imposed on the parties despite the settlement.

Legislation cited

Subjects

  • quash of FIR
  • settlement of criminal dispute
  • Section 528 BNSS
  • Article 226 writ
  • exemplary costs
  • IPC offences
  • amicable resolution

Judgment

Gitalaxmi                                                                      47-WP-684-2026.doc



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CRIMINAL APPELLATE JURISDICTION

                                    WRIT PETITION NO. 684 OF 2026

            Chintan Shailesh Mehta                                   ...Petitioner

                     Versus

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

            Ms. Shikhani Shah, learned Advocate for the Petitioner.
            Mr. Chintan Shailesh Mehta, Petitioner present in the Court.

            Mr. Tanveer G. Khan, learned A.P.P. for the State/Respondent.
            Mr. Satyaram Radheshyam Gaud, learned Advocate for Respondent No.
            2.
            Respondent No. 2 is present in the Court.
                                               __________

                                        CORAM : ASHWIN D. BHOBE, J.
                                        DATE : 17th FEBRUARY 2026.

            P.C. :


            1.       Heard Ms. Shikhani Shah, learned Advocate for the
            Petitioner,       Mr.    Tanveer     Khan,         learned   A.P.P.      for    the
            State/Respondent and Mr. Satyaram Gaud, learned Advocate for
            Respondent No. 2.


            2.       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 C.R. No. 98 of 2019 dated 23.03.2019
            registered with Juhu Police Station, Mumbai for the offences
            punishable under Sections 354, 354(D), 323, 500 & 506 of the
            Indian Penal Code, 1860 and the charge-sheet bearing Criminal
                                                 Page 1 of 5
Gitalaxmi                                                             47-WP-684-2026.doc


            Case No. 2895/PW/2019 pending before the learned Judicial
            Magistrate First Class, 63rd Court at Andheri, Mumbai, arising out
            of the said FIR.


            3.    Petitioner is present in the Court along with his Advocate Ms.
            Shikhani Shah. Ms. Shikhani Shah tenders photostat copy of his
            Aadhar Card as photo identity proof, which is taken on record and
            marked as “X” for identification.


            4.    Respondent No. 2 is present in the Court along with her
            Advocate Mr. Satyaram Gaud.              Mr. Satyaram Gaud tenders
            photostat copy of Aadhar Card of Respondent No. 2 as photo
            identity proof, which is taken on record and marked as “X-1” for
            identification.


            5.    Mr. Satyaram Gaud tenders Affidavit dated 02.02.2026
            affirmed by Respondent No. 2 before the Notary Advocate Mr.
            Mangesh G. Bansod, Mumbai.            Same is taken on record and
            marked as “X-2” for identification.          Respondent No. 2, who is
            present in the Court, states that she has filed the said Affidavit
            dated 02.02.2026 (X-2) out of her own free will and without any
            pressure, force or coercion from any person. She states that the
            contents of Affidavit (X-2) are as per her say. She reiterates that
            the dispute between her and the Petitioner is amicably resolved, as
            such she gives No Objection for quashing of the criminal
            proceedings initiated at her instance.


            6.    Ms. Shikhani Shah and Mr. Satyaram Gaud relying on the
            Affidavit (X-2) filed by Respondent No. 2 submit that the Petitioner
            and Respondent No. 2 have settled their dispute. They submit that
                                           Page 2 of 5
Gitalaxmi                                                          47-WP-684-2026.doc


            Respondent No. 2 has agreed to withdraw all criminal proceedings
            filed by her against the Petitioner. They therefore request that the
            criminal proceedings may not be continued.


            7.      Mr. Tanveer Khan, learned A.P.P. for the State/Respondent
            submits that parties having now resolved their dispute and in view
            of the statements made by Respondent No. 2 in the Affidavit (X-2)
            in paragraph nos. 1 to 9, no purpose would be served by
            continuing with the criminal proceedings. He therefore submits
            that the impugned FIR and the criminal proceedings arising out of
            the said FIR can be quashed. He states that the Petitioner and
            Respondent No. 2 have used the police machinery to settle a
            private score by them. He submits that as the police machinery
            was put in action, he insists for imposition of exemplary costs on
            the parties.


            8.      Ms. Shikhani Shah, learned Advocate for the Petitioner and
            Mr. Satyaram Gaud, learned Advocate for Respondent No. 2, on
            instructions from the Petitioner and Respondent No. 2, who are
            present in the Court, state that appropriate cost would be paid.


            9.      Considering the facts as placed before me, the nature of
            dispute, the matter being amicably settled between the Petitioner
            and Respondent No. 2, the statements made on oath by
            Respondent No. 2 (Affidavit at X-2) and having regards to the
            pronouncements of the Hon’ble Supreme Court in the cases of Gian
            Singh v/s. The State of Punjab and Another 1, Narinder Singh and
            Others v/s. State of Punjab and Another 2 and Parbatbhai Aahir

            1. (2012)10 Supreme Court Cases 303.
            2. (2014)6 Supreme Court Cases 466.
                                                   Page 3 of 5
Gitalaxmi                                                            47-WP-684-2026.doc


            Alias Parbatbhai Bhimsinbhai Karmur and Others Vs. State of
            Gujarat and Anr.3, there is no impediment in allowing this Criminal
            Writ Petition.


            10.     In view of the above, Criminal Writ Petition is allowed in
            terms of prayer clause (b) subject to payment of cost of Rs.
            50,000/- by the parties as condition precedent. Consequently, the
            impugned FIR bearing C.R. No. 98 of 2019 dated 23.03.2019
            registered with Juhu Police Station, Mumbai for the offences
            punishable under Sections 354, 354(D), 323, 500 & 506 of the
            Indian Penal Code, 1860 and the subsequent charge-sheet bearing
            Criminal Case No. 2895/PW/2019 pending before the learned
            Judicial Magistrate First Class, 63rd Court at Andheri, Mumbai,
            arising out of the impugned FIR, are quashed.                 Criminal
            proceedings against the Petitioners arising out of the impugned FIR
            and the charge-sheet are closed.


            11.     Petitioner shall deposit cost of Rs. 25,000/- in the following
            account within a period of 3 weeks from today and furnish proof of
            deposit before the Registry of this Court by filing an Affidavit of
            compliance on or before 16.03.2026 :-

                    Bank Name        :     Axis Bank Limited
                    Branch Name      :     Worli, Mumbai (M.H.), Mumbai-400
                                           025
                    Account Name     :     Central Police Welfare Fund, Director
                                           General MS, Mumbai
                    Account Number :       914010029005759
                    IFSC Code      :       UTIB0000060


            12.     Respondent No. 2 shall deposit cost of Rs. 25,000/- in the

            3. (2017) 9 SCC 641.
                                             Page 4 of 5
Gitalaxmi                                                           47-WP-684-2026.doc


            following account within a period of 3 weeks from today and
            furnish proof of deposit before the Registry of this Court by filing
            an Affidavit of compliance on or before 16.03.2026 :-

                     The High Court Employees Medical Welfare Fund at Mumbai
                     Account No.: 000120110001337
                     Bank : Bank of India
                     Branch : Mumbai Main
                     IFSC Code : BKID0000001


            13.      Criminal Writ Petition No. 684 of 2026 is disposed of in the
            above said terms.




                                                   [ASHWIN D. BHOBE, J.]
                  GITALAXMI
                  KRISHNA
                  KOTAWADEKAR
                  Digitally signed by
                  GITALAXMI KRISHNA
                  KOTAWADEKAR
                  Date: 2026.02.23
                  18:47:59 +0530




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