Amit Arvind Gupta And ORS v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.5827 OF 2025
1. Amit Arvind Gupta ]
2. Arvind Gupta ]
3. Sunaina Arvind Gupta ]
4. Ajay Arvind Gupta ]
5. Abhishek Arvind Gupta ]
6. Arti Arvind Gupta ] .. Petitioners
Versus
1. The State of Maharashtra, ] Through Kurar Police Station, Malad, Mumbai ]
2. Nisha Gupta ] .. Respondents Mr. Amarchandra Kumar Jha, i/by Mr. Prashant Tadlapurkar, Advocates for the Petitioners.
Mrs. M.M. Deshmukh, In-Charge Public Prosecutor with Mr. J.P. Yagnik, Additional Public Prosecutor for Respondent No.1. Smt. Aarti Gupta, Advocate for Respondent No.2. CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.
DATE : 2ND DECEMBER 2025.
PER, GAUTAM A. ANKHAD, J.
The present writ petition is filed under Article 226 of the Constitution of India and section 428 of the Code of Criminal Procedure, 1973 seeking quashing, by consent, of FIR No.982 of 2021 registered by the Kurar police station on 22nd November 2021 and all consequential proceedings.
2.
The marriage between the petitioner no.1 and the respondent no.2 was solemnised on 11th November 2020. The petitioner nos.2 to 6 are family members of the petitioner no.1. After the marriage, differences arose between the petitioner no.1 and the respondent no.2. The respondent no.2 filed a First 1/3
Information Report No.982 of 2021 against the petitioners. Subsequently, an anticipatory bail was preferred by the petitioner no.1, 3, 4, 5 and 6 before the Addl. Session Judge, Borivali Division, Dindoshi, Mumbai vide Anticipatory Bail Application No.1718 of 2021. The same was allowed vide order dated 10th December 2021 which is annexed as "Exhibit-C" in this Writ Petition.
3.
The respondent no.2 has also preferred a Divorce Petition bearing no.A-918/2022 before the Family Court at Bandra wherein through conciliation proceedings, the petitioner no.1 and the respondent no.2 had entered into Consent Terms dated 8th January 2025. A copy of the same is annexed as "Exhibit-D" in the present proceedings.
4.
The respondent no.2 has tendered an affidavit dated 2nd December 2025, which records that after conciliation between the parties, the disputes between them have been settled amicably. The parties have executed consent terms which reiterate that the respondent no.2 shall withdraw all civil or criminal litigation and that she has no intention to proceed with any further legal litigation in future. The respondent no.2 has tendered her handwritten appearance and a copy of her Aadhaar and Voter's Identity Card. The same is taken on record and shall form part of the proceedings of this Court.
5.
In "Rangappa Javoor v. State of Karnataka" 2023 SCC OnLine SC 1736 the Hon'ble Supreme Court has held that criminal proceedings arising from matrimonial disputes may be quashed by the High Court under its inherent powers if the parties have reached an amicable settlement. Continuing these proceedings in such a scenario is considered a futile exercise and 2/3
against the ends of justice. In such circumstances, Criminal Writ Petition No.5827 of 2025 is allowed in terms of prayer (b), which is extracted as under:
"(b) That this Honourable Court be pleased to use, exercise the inherent powers of this Honourable Court under section 482 of the Code of Criminal Procedure, 1973 to quash the First Information Report bearing No.982/2021 registered by Kurar Police Station on 22/11/2021 under the complaint of the respondent no.2 against the above petitioners." 6.
There shall be no order as to costs.
[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] Digitally signed by SNEHA ABHAY DIXIT Date:
2025.12.12 10:42:27 +0530 3/3 SNEHA ABHAY DIXIT