Hullashchandra Dulerai Mehta and Ors. vs State of… — Domestic Violence | Bombay HC (2026)

Hullashchandra Dulerai Mehta and Ors. vs State of… — Domestic Violence | Bombay HC (2026)

What the court decided

AI extract

Outcome

Quashing of C.C. No.222/PW/2020 pending before the Judicial Magistrate First Class at Girgaon, Mumbai and of the charge-sheet filed therein pursuant to FIR No.125 of 2019 dated 4 July 2019 registered with D.B. Marg Police Station, granted in terms of prayer (A).

Issue for consideration

Whether C.C. No.222/PW/2020 (charge-sheet filed in FIR No.125 of 2019 dated 4 July 2019, D.B. Marg Police Station) pending before the Judicial Magistrate First Class at Girgaon, Mumbai should be quashed by the High Court in exercise of its inherent power, given the amicable settlement between the parties (Consent Terms and divorce decree of 19 January 2024).

Ratio / Principle

Writ Petition No.5561 of 2025 is allowed in terms of prayer (A): C.C. No.222/PW/2020 pending before the Judicial Magistrate First Class at Girgaon, Mumbai and the charge-sheet filed therein in FIR No.125 of 2019 dated 4 July 2019 registered with D.B. Marg Police Station stand quashed.

Key takeaways

The quashing rests on the amicable settlement between the parties — the Consent Terms dated 19 January 2024 recording mutual obligations (return of Respondent No.2's items and her consent to quash pending proceedings) and the divorce decree — and the petition is allowed specifically because of the undertakings of the Petitioners laid down in those Consent Terms.ratio¶13

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), Gautam A. Ankhad, J.; Criminal Writ Petition No.5561 of 2025; decided 10 March 2026. Matrimonial-discord quashing: FIR No.125 of 2019 (registered 4 July 2019 with D.B. Marg Police Station on complaint of Respondent No.2 Binita Hitesh Mehta alleging harassment and cruelty against Petitioner No.3 Hitesh Hullaschandra Mehta) and charge-sheet C.C. No.222/PW/2020 before JMFC Girgaon quashed in terms of prayer (A). Reliance placed on B.S. Joshi v. State of Haryana (2003) 4 SCC 675 (Supreme Court authority permitting exercise of inherent power to quash criminal cases stemming from marital disputes upon amicable settlement serving the interests of justice). Basis: parties had settled — Consent Terms dated 19 January 2024 executed before Family Court, Bandra in divorce Petition No.A/615/2020 with divorce decree granted the same day, recording (at paragraph 6) return of Respondent No.2's items and her consent to quash all pending proceedings; DV Act Case No. 26 of 2019 before the 18th Metropolitan Magistrate's Court, Girgaon had earlier been quashed qua Petitioner Nos.1 and 2 by order dated 19 April 2023. Petition allowed 'only due to the undertakings of the Petitioners as laid down in the said Consent Terms.'

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO.5561 OF 2025

1. Hullashchandra Dulerai Mehta	]
2. Padma Hullashchandra Mehta	]
3. Hitesh Hullaschandra Mehta	] .. Petitioners
*Versus*
1. State of Maharashtra,	]
Through D.B. Marg Police Station, Mumbai	]
2. Binita Hitesh Mehta	] .. Respondents

Mr. Aditya Mehta, Advocate for the Petitioners.

Ms. Pramila Prajapati with Ms. Binta Mehta, Advocates, i/by Pandey & Co., for Respondent No.2.

Mrs. Mankunwar M. Deshmukh, In-Charge Public Prosecutor with Mr. J.P. Yagnik, Additional Public Prosecutor for the Respondent-State of Maharashtra. API Anil Kamble, Matunga Police Station, Mumbai with Pairavi Officer - Deepak Hol, D.B. Marg Police Station are present in Court.

CORAM : GAUTAM A. ANKHAD, J. DATE : 10^TH MARCH 2026. [ THROUGH HYBRID HEARING ]

P.C. :

The marriage between Petitioner no.3 and Respondent no.2 was solemnized on 13^th December 2018 at Mumbai. Petitioner no.3 works and resides at Uganda, Africa and subsequent to the marriage, Respondent no.2 who was initially residing at the residence of petitioner nos. 1 and 2 in Gujarat, moved to Uganda with Petitioner no.3.

1/3

29-WP-5561-2025-Corrected Order as per Speaking to Minutes Order dt. 17-3-2026.doc

Dixit

Due to marital discord, differences arose between the parties and a First Information Report no.125 of 2019 was registered by Respondent no.2 with the D.B. Marg Police Station on 4^th July 2019 alleging that she was subjected to harassment and cruelty. A charge-sheet was subsequently filed and numbered as C.C. No.222/PW/2020 before the Judicial Magistrate First Class at Girgaon, Mumbai. Respondent no.2 initiated proceedings under the Protection of Women from Domestic Violence Act ("DV Act") registered as Case No. 26 of 2019 before the 18^th Metropolitan Magistrate's Court, Girgaon and by an order dated 19^th April 2023, this Court quashed the said proceedings qua Petitioner nos.1 and 2. Consent Terms dated 19^th January 2024 were executed between Petitioner no.3 and Respondent no.2 before the Family Court at Bandra in a divorce Petition no.A/615/2020. A decree of divorce has been granted on 19^th January 2024. The Consent Terms record that the parties wish to settle their disputes amicably and put a quietus to the matter. The Consent Terms also record at paragraph no.6 that the petitioners shall return all the items belonging to Respondent no.2 and that Respondent no.2 shall give her consent to quash all the pending proceedings against the Petitioners. The present petition for quashing of FIR and charge-sheet thereto is allowed only due to the undertakings of the Petitioners as laid down in the said Consent Terms.

2/3

29-WP-5561-2025-Corrected Order as per Speaking to Minutes Order dt. 17-3-2026.doc

Dixit

The Hon’ble Supreme Court in “B.S. Joshi v. State of Haryana” (2003) 4 SCC 675 held that the High Court can invoke its inherent power to quash criminal cases stemming from marital disputes, provided the court is satisfied that an amicable settlement has been reached, which serves the interests of justice. The parties have settled their dispute and divorce is already granted. In

view of the same, Writ Petition No.5561 of 2025 is allowed in terms of prayer (A), which reads as under:

“A. This Hon’ble Court may kindly quash C.C. No.222/PW/2020 that is presently pending before Judicial Magistrate First Class at Girgaon, Mumbai and the charge-sheet therein filed in FIR No.125 of 2019 dated 4^th July 2019 registered with D.B. Marg Police Station.”

[ GAUTAM A. ANKHAD, J. ]

Digitally signed by SNEHA SNEHAABHAY ABHAY DIXIT DIXIT Date:2026.03.17 17:16:35 +0530

3/3

29-WP-5561-2025-Corrected Order as per Speaking to Minutes Order dt. 17-3-2026.doc

Dixit