Bombay High Court
CHINTAN SHAILESH MEHTAversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528
- Constitution of India — s. Article 226
- Indian Penal Code, 1860 — s. 323, 354, 354(D), 500, 506
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
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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
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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.
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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.
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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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