Bombay High Court

NITESH VIKRAM JADHAV AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The application is allowed and the FIR, charge‑sheet and related criminal proceedings are quashed.

Summary

The applicants, Nitesh Vikram Jadhav and others, sought to quash FIR No. 89 of 2026 filed at Karmad Police Station for offences under the Bhartiya Nyaya Sanhita, 2023. Both parties entered into a settlement, filing a joint compromise and affidavits from the injured persons, Shubham and Nana Suryawanshi, indicating a ‘forgive and forget’ approach. The court examined the compromise, the affidavits, and the registrar’s report, and concluded that the dispute was resolved amicably. Consequently, the court allowed the application, quashing the FIR, charge‑sheet and any related criminal proceedings. The applicants were ordered to deposit Rs 5,000 each with the Government Cancer Hospital within four weeks, after which the order would take effect.

Issues considered

Whether criminal proceedings under the Bhartiya Nyaya Sanhita, 2023 can be quashed on the basis of an amicable settlement and compromise between the parties.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 118(1), 3(5), 351(2), 352

Subjects

settlement
compromise
quash of criminal proceedings
FIR
Bhartiya Nyaya Sanhita
amicable resolution
criminal law

Judgment

                                1                     65appln1548.26



         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

             65 CRIMINAL APPLICATION NO. 1548 OF 2026

                NITESH VIKRAM JADHAV AND OTHERS
                                VERSUS
            THE STATE OF MAHARASHTRA AND ANOTHER
                                   ...
            Advocate for Applicants : Mr. Wagh Rajendra H.
              APP for Respondents/State Mr. V.K. Kotecha
Advocate for Respondent No. 2 : Mr. Wakode Amolkumar Samadhan and
                      Mr. Nikalje Sachin Narayan,
                                   …


                              CORAM : HITEN S. VENEGAVKAR, J.
                              DATE : 07.09.2026
PER COURT :


1.          The learned Advocate for the parties jointly submit that the

parties have entered into settlement and have resolved the dispute

amicably.   The terms of compromise have been settled between them,

which have been placed before the learned Registrar (Judicial) for

verification and the same has been verified and the report to that extent

has been filed.



2.          The perusal of the joint compromise pursis filed on record

reveals that the parties have amicably settled the dispute between

themselves. The disputed lodgment of FIR is out of misunderstanding

and they do not wish to proceed with the criminal prosecution as they all

wish to live peacefully without causing any harm to each other in future.

The parties have adopted the ‘forgive and forget’ principle. The record

also indicates that the injured person i.e. Shubham Suryawanshi and
                                      2                    65appln1548.26



Nana Suryawanshi have also filed affidavits to that effect separately in

the present proceedings and also got themselves verified before the

learned Registrar (Judicial).



3.          Taking into consideration the affidavits of the injured

persons and also compromise pursis with the original informant

alongwith the report of compromise submitted by the Registrar (Judicial),

I am of the opinion that the present proceedings can be quashed on the

ground that the parties have settled the dispute amongst themselves.

Hence the following order :

                                     ORDER

            (i)           The Application stands allowed.


            (ii)    The First Information Report No. 89 of 2026 registered
            at Karmad Police Station Tq. And District Aurangabad for
            the offences punishable under Section 118(1), 352, 351(2)
            and 3(5) of the Bhartiya Nyaya Sanhita, 2023, Charge-sheet
            and any other Criminal Proceedings if any, stands quashed
            and set aside against the present applicants.


            (iii)   The applicants shall deposit Rs. 5,000/- (Rs. Five
            Thousand Only) each to be deposited within a period of four
            weeks with the Government Cancer Hospital, Chhatrapati
            Sambhajinagar.


            (vi)    The acknowledgment of the receipt of the payment of
            costs to be submitted in the registry of this Court and after
            the     registry    of   this   Court   has   provided   with   the
                                3                   65appln1548.26



             acknowledgment receipt of payment, this order will get its
             effect.


             (v)        The Application stands disposed of in aforesaid
             terms.




                                    (HITEN S. VENEGAVKAR, J.)




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