Bombay High Court
DILIP WAMAN MHATRE AND ANRversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- ASHWIN D BHOBE
Holding
The Court allowed the writ and quashed the FIR and chargesheet, subject to payment of costs.
Summary
The petitioners, Dilip Waman Mhatre and others, filed a writ under Article 226 of the Constitution and Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 seeking quash of FIR No.101 of 2024 and the accompanying chargesheet for offences under IPC sections 498A, 377, 506, 406 r/w 34. The respondent No.2, who was the alleged victim, filed an affidavit stating she had no objection to the quash as the matrimonial dispute was settled. The State argued that while the dispute was resolved, costs should be imposed. Relying on Supreme Court precedents (Gian Singh v. State of Punjab, Narinder Singh v. State of Punjab, Parbatbhai Aahir v. State of Gujarat), the Court held there was no impediment to granting the relief. The writ petition was allowed, the FIR and chargesheet were quashed, and the parties were ordered to each pay Rs.20,000 of the total Rs.40,000 costs within two weeks.
Issues considered
- Whether an FIR and chargesheet can be quashed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita when the parties have settled the underlying dispute and the alleged victim files a no‑objection affidavit.
- Whether the Supreme Court decisions in Gian Singh, Narinder Singh and Parbatbhai Aahir support quashing criminal proceedings on the basis of settlement.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code, 1860 — s. 34, 377, 406, 498A, 506
Subjects
- quash of FIR
- Section 528
- Article 226
- settlement of matrimonial dispute
- costs
- criminal proceedings
- IPC 498A
- IPC 377
- IPC 506
- IPC 406
Judgment
Digitally signed
by LAXMIKANT
GOPAL
LAXMIKANT CHANDAN
GOPAL Date: (911) WP-826.26.DOCX
CHANDAN 2026.02.23
10:12:04
+0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 826 OF 2026
Dilip Waman Mhatre and ors. : Petitioners.
Versus
State of Maharashtra and anr. : Respondents.
______________________________________________________
Mr. Mayur S Kadam for the Petitioners.
Mr. Prasanna P Malshe, APP for the Respondent/State.
Mr. Jitendra H Oak for the Respondent No.2.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 20 FEBRUARY 2026
PC:-
1. Heard Mr. Mayur Kadam, learned Advocate for the
Petitioners, Mr. Prasanna Malshe, learned APP for the
Respondent/State and Mr. Jitendra Oak, learned Advocate for
Respondent No.2.
2. This Petition/Application under Article 226 of the
Constitution of India and under Section 528 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 is preferred by the Petitioners
for quashing the FIR bearing 101 of 2024 registered at Kalyan
Taluka Police Station, Thane Graming for the offences
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(911) WP-826.26.DOCX
punishable under Sections 498A, 377, 506, 406 r/w 34 of the
Indian Penal Code and the Chargesheet bearing No.77 of
2024, registered as Case No.RCC/416/2024), pending before
the learned Judicial Magistrate First Class, Kalyan
3. Petitioners are present in the Court and are identified by
their Advocate Mr. Mayur Kadam. He tenders the Photostat
copies of the Identity Cards (two in number) of the
Petitioners, which are taken on record and marked as “X-
Colly” for identification.
4. Respondent No.2 is present in the Court and is
identified by her Advocate Mr. Jitendra Oak. He tenders the
Photostat copy of Identity Card of Respondent No.2, which is
taken on record and marked as “X-1” for identification.
5. Mr Mayur Kadam, learned Advocate for the Petitioners
and Mr. Jitendra Oak, learned Advocate for the Respondent
No.2, submit that the dispute pertaining to the impugned FIR
and the consequent chargesheet is being resolved between the
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(911) WP-826.26.DOCX
Petitioners and the Respondent No.2. They submit that the
Respondent No.2 has given no objection in her Affidavit dated
20 February 2026, original of which is filed in Criminal Writ
Petition No.4790 of 2024. The copy of the Affidavit dated 20
February 2026 is taken on record and marked as “X-2” for
identification.
6. Respondent No. 2 states that the said Affidavit (X-2) is
filed out of her own free will and without any pressure or
coercion from any person. She states that the contents of the
Affidavit (X-2) are as per her say. She reiterates her no
objection for quashing of the criminal proceedings.
7. Ms. Shilpa Talhar, learned APP for the Respondent/State
submits that the matrimonial disputes between the Petitioners
and the Respondent No.2 being resolved and the Respondent
No.2 having filed Affidavit (X-2) giving no objection for
quashing the criminal proceedings, no purpose would be
served in continuing with the criminal proceedings. She
however insists for imposition of costs.
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(911) WP-826.26.DOCX
8. Mr. Mayur Kadam, learned Advocate for the Petitioners
and Mr. Jitendra Oak, learned Advocate for the Respondent
No.2, on instructions, submits that the Petitioners and
Respondent No.2 shall deposit appropriate costs.
9. Considering the aforesaid circumstances, the nature of
dispute, the matter being settled between the Petitioners and
the Respondent No.2, the statement of Respondent No. 2 in
the Affidavit (X-2) and having regards to the pronouncements
of the Hon’ble Supreme Court in the case of Gian Singh vs
State Of Punjab1, Narinder Singh And Ors vs State Of Punjab
And Anr2 and Parbatbhai Aahir @ Parbatbhai vs The State Of
Gujarat3, there is no impediment in allowing this Application.
10. In view of the above, Criminal Writ Petition No.826 of
2024 is allowed in terms of prayer clause (a) subject to
payment of costs of Rs.40000/. Consequently, the impugned
FIR bearing No.101 of 2024 dated 16 February 2024
1
2012 10 SCC 303
2
2014 6 SCC 466
3
2017 9 SCC 641
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(911) WP-826.26.DOCX
registered with the Kalyan Taluka Police Station, Thane
Gramin and the Chargesheet bearing No.77 of 2024,
registered as Case No. RCC/416/2024, pending before the
learned Judicial Magistrate First Class, Kalyan, are quashed.
11. Out of the total costs of Rs.40,000/-, the Petitioners
shall deposit an amount of Rs.20,000/- and the Respondent
No.2 shall deposit an amount of Rs.20,000/- in the below
mentioned Account within a period of two weeks from today
and file in the Registry of this Court the compliance affidavit
along with the proof of deposit on or before 17 March 2026 :-
Account Name : Armed Forces Battle Casualties Welfare Fund
Account Number : 90552010165915
Bank Name : Canara Bank
Branch : South Block, Defence Headquarters New Delhi-
110011
IFSC Code : CNRB0019055
12. This Criminal Writ Petition is allowed in the above-said
terms.
(ASHWIN D. BHOBE, J.)
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