Bombay High Court
HAKKANI KHAN AZMER KHAN MEVATI JONVAL AND ANOTHERversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- APPLICATION ALLOWED
Holding
The High Court held that the FIR, charge‑sheet, trial‑court order and the pending sessions case are to be quashed as the parties have amicably settled the dispute.
Summary
The applicants, Hakkani Khan Azmer Khan Mevati Jonval and Abubakhar Rabbani Khan, were charged under IPC sections 307, 323, 504 and 506 read with section 34 in Crime No. 0031 of 2023. They filed criminal applications seeking quash of the FIR, charge‑sheet, trial‑court order and the pending sessions case, claiming that they had reached an amicable settlement with the complainant. A deed of compromise was executed, wherein the complainant consented to the quashing of the FIR and all related proceedings. The High Court, after hearing both sides, accepted the settlement and ordered the FIR, charge‑sheet, trial‑court order and the sessions case to be quashed. Both parties were directed to pay a nominal cost of Rs. 5,000 each within three weeks.
Issues considered
- Can criminal proceedings be quashed on the basis of a deed of compromise and the complainant's consent?
- Does the settlement between the parties extinguish liability for offences under sections 307, 323, 504, 506 IPC read with section 34?
Subjects
- settlement
- deed of compromise
- quash criminal proceedings
- FIR quash
- IPC sections 307, 323, 504, 506
- High Court
- criminal application
Judgment
2026:BHC-AUG:40047
1 83APPLN1311.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
83 CRIMINAL APPLICATION NO. 1311 OF 2026
1] Hakkani Khan Azmer Khan Mevati Jonval
2] Abubakhar Rabbani Khan ...Applicants
VERSUS
The State Of Maharashtra & Another ...Respondents
...
Mr. Nikhil Deepak Jaiswal - Advocate for Applicants
Mr. K. K. Naik - APP for the State
Mr. Shrikant Sali h/f Mr. Nilesh Ghanekar - Advocate for Respdt No.2
...
WITH
CRIMINAL APPLICATION NO. 1324 OF 2026
Rabbani Khan Azmer Khan Mevati Jonval ...Applicant
VERSUS
The State Of Maharashtra & Another ...Respondents
...
Mr. Nikhil Deepak Jaiswal - Advocate for Applicants
Mr. K. K. Naik - APP for the State
Mr. Shrikant Sali h/f Mr. Nilesh Ghanekar - Advocate for Respdt No.2
…
CORAM : HITEN S. VENEGAVKAR, J.
DATED : 31ST AUGUST, 2026
PER COURT :
1. Heard the learned Advocate for the Applicants and the
learned Advocate for Respondent No. 2 / Complainant.
2. Crime No. 0031 of 2023 has been registered with Karmad
Police Station, Aurangabad Rural, against the present Applicants for the
2 83APPLN1311.2026.odt
offences punishable under Sections 307, 323, 504 and 506, read with
Section 34 of the Indian Penal Code. By way of the present Applications,
the Applicants have sought quashing of the entire proceedings arising
out of Crime No. 0031 of 2023, including the order dated 07.04.2025
passed by the learned Trial Court issuing process, Charge-sheet No.
73/2023 dated 11.05.2023, and Sessions Case No. 370 of 2023 pending
on the file of the learned District Judge-6, Aurangabad.
3. Without getting into the merits of the matter, the learned
Advocate for the Applicants submits that the Applicants have settled the
dispute with the Complainant, who is duly represented before this
Court. It is submitted that a Deed of Compromise has been executed
between the parties. The parties have appeared before the learned
Registrar (Judicial) of this Court and have verified their credentials as
well as the terms of settlement. The terms of settlement clarify that, due
to the intervention of the respectable persons from their community, the
Applicants and the original Complainant have decided to settle the
dispute amicably and to end the litigation. In clause 3 of paragraph no.
7 of the Deed of Compromise, it is mentioned that, the first party hereby
gives unconditional consent and has no objection if the said FIR and all
consequential proceedings are quashed by the Hon’ble High Court. They
also undertake to maintain peace and harmony and shall not indulge in
any act which may give rise to further disputes between them.
3 83APPLN1311.2026.odt
4. In light of the above, both the Advocates jointly request
that, amicable settlement between the parties be taken on record and
the Applications be allowed.
5. Taking into consideration that the parties have amicably
settled the dispute amongst themselves, Criminal Application Nos. 1311
of 2026 and 1324 of 2026 are allowed in terms of prayer clause ‘B’
thereof. Consequently, the FIR bearing Crime No. 0031 of 2023 dated
11.02.2023, registered with Karmad Police Station, Aurangabad Rural,
Charge-sheet No. 73/2023 dated 11.05.2023, the order dated
07.04.2025 passed by the learned Trial Court issuing process, and
Sessions Case No. 370 of 2023 pending on the file of the learned District
Judge-6, Aurangabad, are hereby quashed and set aside. Both the
parties i.e. the Applicants and Respondent No. 2/Complainant, shall
each pay a sum of Rs. 5,000/- [Rupees Five Thousand only] towards
costs. The said costs shall be deposited with the Government Pleader’s
Library, Aurangabad Bench, within a period of three (3) weeks from
today.
[ HITEN S. VENEGAVKAR ]
JUDGE
SG Punde
Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 02/09/2026 19:20:29
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