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Bombay High Court

PANKAJ SUNIL BANSODE AND ANRversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The court allowed the application, quashing the trial‑court criminal proceedings and directing the applicants to file a fresh undertaking for the minor's education.

Summary

The applicants, Pankaj Sunil Bansode and another, entered into a settlement agreement with the complainant, agreeing to bear the educational expenses of the deceased's minor son until graduation. A consent affidavit confirming this arrangement was filed, and the court directed the applicants to file a fresh undertaking to that effect within two weeks. The applicants also sought to quash the pending criminal proceedings (C.C. No. 3079/PS/2023) arising from FIR No. 44 of 2023, which alleged offences under IPC sections 304‑A, 336, 34 and 427. The court, after hearing counsel, allowed the application, quashing the trial‑court case, and ordered the filing of the undertaking, with a compliance hearing set for 5 October 2026. No order as to costs was made, and the criminal application was disposed.

Issues considered

  • Whether the criminal proceedings arising from FIR No. 44 of 2023 can be quashed on the basis of a settlement and the parties' reconciliation.
  • Whether the court can direct the applicants to execute a fresh undertaking to provide for the minor child's education.

Legislation cited

Subjects

  • settlement agreement
  • quash of criminal proceedings
  • minor child education
  • IPC sections 304-A, 336, 34, 427
  • criminal application
  • reconciliation
  • undertaking

Judgment

                                                                62.APL.717.2024.doc

Ajay

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CRIMINAL APPELLATE JURISDICTION

                     CRIMINAL APPLICATION NO. 717 OF 2024

       Pankaj Sunil Bansode and Anr.                       .. Applicants
             Versus
       State of Maharashtra and Anr.                       .. Respondents

                                  ....................
        Mr. Dilip Shukla, Advocate for Applicants.
        Mr. Sukanta A. Karmakar, APP for Respondent – State.
        Mr. Shaikh Faizan, Advocate for Respondent No.2.
        ASI – Mr. Bhosale, Jogeshwari Police Station present.
                                     ......…...........

                                    CORAM : MILIND N. JADHAV, J.
                                    DATE         : SEPTEMBER 18, 2026.

       P.C.:

       1.        Heard Mr. Shukla, learned Advocate for Applicants; Mr.

       Karmakar, learned APP for Respondent – State and Mr. Shaikh,

       learned Advocate for Respondent No.2.


       2.        The parties have reconciled their disputes and differences

       amongst themselves by entering into a Settlement Agreement, copy of

       which is appended at page No.111 of the Application and a substantial

       amount as stated in the said Settlement Agreement has been

       exchanged between the parties. The details thereof are mentioned in

       the said Settlement Agreement.


       3.        Consent Affidavit of the Complainant is appended at page

       No.123 of the Application. I have perused the same. It is seen from the

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consent Affidavit that in paragraph No.3, the Applicants have decided

to take responsibility for the education of the minor son of the

deceased until he attains majority.


4.        The learned Advocate for the Applicants informs the Court

that he has spoken to the First Informant/Complainant and that he has

agreed that the Applicants will take care of the entire educational

expenses of the minor son of the deceased until he completes his

graduation studies. At least, this is the minimum that the Applicants

should do for the minor son of the deceased victim, who is being taken

care of by the First Informant.


5.        I have spoken to the First Informant and interacted with him

over a video call with the help and assistance of the learned Advocates

for the parties. Applicants are directed to file a fresh undertaking

before this Court within a period of 2 weeks from today, inter alia,

stating that in terms of the statement made in paragraph No.3 of the

consent Affidavit filed by Respondent No.2/First Informant, Applicants

shall undertake to provide for the entire educational expenses of the

minor son, Master Ayan Aasif Shaikh until he completes his graduation

studies. Such undertaking shall be treated as an undertaking given to

this Court. The First Informant is directed to approach this Court

immediately in the event of any dereliction in complying with the said

undertaking to seek appropriate relief.



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                                 6.        In view of the above, the Application stands allowed in terms

                                 of prayer clause ‘a’ which reads thus:-

                                           “a.   That this Hon’ble Court may be pass appropriate Orders
                                                 and directions and thereby quash and set aside the trail
                                                 court C.C. no 3079/PS/2023 arising out of FIR no. 44 of
                                                 2023 registered for the offence punishable under section
                                                 304-A, 336, 34, 427 OF INDIAN PENAL CODE with
                                                 Jogeshwari Police Station, pending before 10 Andheri
                                                 court Metropolitan Magistrate Court.”


                                 7.        However, there shall be no order as to costs.


                                 8.        List the matter on 5th October 2026 for compliance of this

                                 order to ascertain the filing of the undertaking by the Applicants as

                                 directed hereinabove.


                                 9.        Criminal Application is allowed and disposed.




                                                                               [ MILIND N. JADHAV, J. ]

      Ajay
              Digitally signed
              by AJAY
AJAY       TRAMBAK
TRAMBAK    UGALMUGALE
UGALMUGALE Date: 2026.09.19
              12:42:37 +0530




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