Rehana W/O Mamun Rashid Patel and 3 Others vs the State of Maharashtra through Police Station Officer Ps Ramnagar Chandrapur and Another — Bombay HC (2026) — LawSathi Research

Rehana W/O Mamun Rashid Patel and 3 Others vs the State of Maharashtra through Police Station Officer Ps Ramnagar Chandrapur and Another — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

FIR in Crime No. 0096/2024 (Sections 498-A and 34 IPC, P.S. Ramnagar, Chandrapur) quashed and set aside, subject to joint costs of Rs. 10,000/- by the Applicants and Respondent No.2 to be deposited with the Public Welfare Account (opened in terms of Suo Motu PIL No. 1/2021) within four weeks; both Criminal Applications disposed of in terms of Affidavit dated 21/1/2026.

Issue for consideration

Whether the FIR and criminal proceedings in Crime No. 0096/2024 (Sections 498-A and 34 IPC, P.S. Ramnagar, Chandrapur), arising out of a matrimonial dispute that has since been amicably settled, should be quashed and set aside.

Court's answer

In cases of matrimonial dispute where the parties arrive at a compromise, Section 320 of the Code of Criminal Procedure, 1973 is not a bar to the exercise of powers of quashing of FIR, as laid down in B. S. Joshi (2003) 4 SCC 675 and applied by this Court.

Ratio / Principle

The First Information Report registered with Police Station, Ramnagar, Chandrapur in Crime No. 0096/2024 under Section 498-A read with Section 34 IPC is quashed and set aside in view of the parties' settlement, subject to costs of Rs.10,000/- jointly to be deposited with the Public Welfare Account within four weeks.

Key takeaways

Both Criminal Applications stand disposed of in terms of the Affidavit dated 21/1/2026 recording the settlement between the parties.ratio¶21

Detailed headnote1 paragraphs

Quashing of FIR — matrimonial dispute — FIR, Crime No. 0096/2024, P.S. Ramnagar, Chandrapur, under S. 498-A r/w S. 34 IPC, lodged on complaint of Respondent No.2 (wife) against applicant-husband and his family — during pendency of the quashing applications the parties amicably settled their dispute and decided to separate, terms recorded in Affidavit dated 21/1/2026 — following B. S. Joshi v. State of Haryana, (2003) 4 SCC 675, S. 320 of the Code of Criminal Procedure, 1973 is not a bar to exercise of quashing powers — FIR quashed and set aside, subject to costs of Rs. 10,000/- payable jointly by the Applicants and Respondent No.2 to the Public Welfare Account (opened in terms of Suo Motu PIL No. 1/2021) within four weeks — both Criminal Applications (APL) Nos. 401 and 273 of 2024 disposed of in terms of the affidavit (Pravin S. Patil, J.; decided January 21, 2026).

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

CRIMINAL APPLICATION (APL) NO. 401 OF 2024

(Farukh Mamun Rashid Patel V/s State of Maharashtra & Anr.)

WITH

CRIMINAL APPLICATION (APL) NO. 273 OF 2024

(Rehana Mamun Rashid Patel & Ors. V/s State of Maharashtra & Anr.)

Office Notes, Office Memoranda of Coram, Appearances, court’s orders or directions and Registrar’s orders

Court’s or Judge’s orders

Mr. V. R. Thote, Advocate for Applicants in both the Applications.

Mr. S. A. Mohta, Advocate for Respondent No.2 in both the Applications.

Mr. M. J. Khan, APP for Respondent No.1/State in both the Applications.

CORAM : PRAVIN S. PATIL, J. DATE : JANUARY 21, 2026.

Heard.

Both the Applications are arising out of the complaint lodged by the Respondent No.2 with Police Station, Ramnagar, Chandrapur vide Crime No. 0096/2024 for the offence punishable under Section 498-A read with Section 34 of Indian Penal Code on the ground that Applicants have caused mental and physical harassment to the Respondent No.2. Basically the issue arose in both the Applications is out of matrimonial dispute between the Applicant/husband namely, Farukh Mamun Rashid Patel and Respondent No.2 Sameena Farukh Patel.

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During the pendency of present Application, parties have amicably settled their dispute, and accordingly, decided to get separated from each other. In this regard, the Affidavit dated 21/1/2026 is placed on record, wherein their settlement terms are quoted. In view of their settlement, prayer is made to quash and set aside the criminal proceeding registered against the present Applicants in both the matters.

In view of the law laid down by the Hon’ble Supreme Court in the case of B. S. Joshi and Others V/s State of Haryana and Another, (2003) 4 SCC 675 that in the cases of matrimonial dispute where the parties arose to compromise, then this Court should consider their settlement in terms of their Agreement and Section 320 of the Code of Criminal Procedure, 1973 would not be a bar to the exercise of powers of quashing of FIR.

In the light of this factual and legal position, First Information Report registered with Police Station, Ramnagar, Chandrapur in connection with Crime No. 0096/2024 for the offence punishable under Section 498-A read with Section 34 of Indian Penal Code is hereby quashed and set aside, subject to costs of Rs.10,000/- by the Applicants and Respondent No.2 jointly to be deposited with the Public Welfare Account which is opened in terms of Suo Motu Public Interest Litigation No. 1/2021 within a period of four weeks from today.

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Both Criminal Application stands disposed of in terms of Affidavit dated 21/1/2026.

[PRAVIN S. PATIL, J.]

vijaya

Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 22/01/2026 19:54:50