902-APL-1471-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1471 OF 2026 Krunal Bharat Ghogale & Ors. …Applicants Versus The State of Maharashtra & Anr. …Respondents Ms. Sheetal Gaikwad a/w. Mr. Shashwat Nehete i/b. Mr. Omkar Bhalal, for the Applicants. Mrs. M. R. Tidke, APP, for the Respondent-State. Ms. Seema Pandya, for Respondent No.2. CORAM: MADHAV J. JAMDAR, J. DATED : 18th SEPTEMBER 2026 P. C.: 1. At the outset, Ms. Gaikwad, learned Counsel appearing for the Applicants seeks leave to amend the cause-title by making certain corrections. 2. Accordingly, leave as aforesaid is granted. Amendment be carried out forthwith. Re-verification is dispensed with. 3. By this Criminal Application filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (“BNSS”)/Section 482 of the Code of Criminal Procedure, 1973, the Applicants are seeking Page 1 Sonali 902-APL-1471-2026.DOC quashing of FIR bearing C.R. No.58 of 2025 registered with Nayanagar Police Station, Mira Bhayandar under Sections 85, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”). The Application has been filed for quashing of the said C.R. by consent. The relevant averments are to be found in paragraph Nos.4 to 7 of the Application, which read as under: “4. The Applicants submit that all disputes and differences between Applicant No.1 and Respondent No.2 have been amicably resolved and settled out of Court. Pursuant thereto, Consent Terms dated 13.07.2026 have been duly executed between the parties and have been filed before the Hon'ble Family Court at Bandra. A copy of the said Consent Terms is annexed hereto and marked as "EXHIBIT C." 5. The Respondent No.2 has agreed to remain personally present before this Hon'ble Court, along with her learned Advocate, at the time of hearing of the present Criminal Application and has further agreed to file an Affidavit recording her consent and expressing her no objection to the quashing of the aforesaid F.I.R. and all consequential proceedings arising therefrom. 6. The Applicants state that, in view of the aforesaid Consent Terms and the amicable settlement arrived at between the parties, Respondent No.2 does not wish to prosecute the matter any further. Accordingly, Respondent No.2 has executed an Affidavit recording her unconditional consent and no objection for Page 2 Sonali 902-APL-1471-2026.DOC quashing F.I.R. bearing C.R. No.58 of 2025 registered with Nayanagar Police Station and the criminal proceedings arising therefrom, being R.C.C. No.0002045 of 2025. A copy of the said Consent Affidavit is annexed hereto and marked as "EXHIBIT D." 7. The Applicants submit that in view of the amicable settlement, the execution of the Consent Terms and the Consent Affidavit of Respondent No.2 expressing her unequivocal desire not to proceed further with the criminal case, no useful purpose would be served by continuing the prosecution. It is therefore just, fit and proper that this Hon'ble Court be pleased to quash and set aside F.I.R. bearing C.R. No.58 of 2025 registered with Nayanagar Police Station and all consequential proceedings arising therefrom, including R.C.C. No.0002045 of 2025 pending before the learned Judicial Magistrate First Class, Mira Bhayandar, in exercise of its extraordinary jurisdiction under Articles 226 and 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.” 4. A separate Consent Affidavit of the Respondent No.2 dated 25th August 2026 has also been filed in this Criminal Application. The Respondent No.2-Sharvari Krunal Ghogale is personally present in Court. She states that the dispute is of matrimonial nature and she has settled the dispute with the Applicants. 5. The Applicant No.1, husband and the Applicant No.2, the mother-in-law of Respondent No.2 as well as the Respondent No.2 Page 3 Sonali 902-APL-1471-2026.DOC are personally present in the Court and they state that they have settled the dispute in terms of the Consent Terms, which are filed in the Family Court at Bandra, Mumbai, in Petition No.A-1093 of 2025, which are annexed at Exhibit ‘C’ (Pages 19 to 22) of the Application. The Consent Terms records that the Applicant No.1 and the Respondent No.2 have decided to get divorce by mutual consent by converting the said Petition in Mutual Consent Divorce Petition under Section 13(B) of the Hindu Marriage Act, 1955 on the various terms and conditions set out in the said Consent Terms including clause No.4, which reads as under: “4. It is agreed between the parties that after filing the Consent terms the Petitioner shall file a Petition before the Hon’ble Bombay High Court for quashing of the F.I.R bearing No.58 of 2025 registered by Respondent u/s 498A, now bearing Court Case No.R.C.C/0002045/2025 pending before Civil Judge, Junior Division, Mira Bhayandar. The Respondent agrees to file her Affidavit of No-Objection for quashing of the said F.I.R., and the corresponding Court case. The Respondent agrees to personally remain present accompanied by her Advocate at the time of hearing of the said quashing proceedings.” 6. The present Application is filed in terms of the said Consent Terms. As noted earlier, the Respondent No.2, who is personally present in Court states that the dispute is settled and gives her Page 4 Sonali 902-APL-1471-2026.DOC consent for quashing the FIR and even the Consent Affidavit of the Respondent No.2 has also been filed in this Court. 7. As the dispute is of matrimonial nature and as the Respondent No.2 i.e. the First Informant has given consent for quashing of the FIR, the Application is allowed in terms of prayer clause (a), which reads as under: “a) To quash and set aside F.I.R. bearing C.R. No.58 of 2025 registered with Nayanagar Police Station for the offences punishable under Sections 3(5), 85, 351 and 352 of the Bharatiya Nyaya Sanhita, 2023, together with all consequential proceedings arising therefrom, including R.C.C. No.0002045 of 2025 pending before the learned Judicial Magistrate First Class, Mira Bhayandar.” 8. Thus, the FIR bearing C.R. No.58 of 2025 together with all consequential proceedings including the chargesheet filed concerning the said FIR, are also quashed. 9. Accordingly, the Criminal Application is disposed of in above terms. [MADHAV J. JAMDAR, J.] Page 5 Sonali SONALI MILIND PATIL Digitally signed by SONALI MILIND PATIL Date: 2026.09.19 11:25:59 +0530