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
- Indian Penal Code — s. 304-A, 336, 34, 427
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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62.APL.717.2024.doc
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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62.APL.717.2024.doc
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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