Bombay High Court

SAGAR MADHUKAR AUTEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The High Court exercised its inherent powers and allowed the application, quashing the FIR and the pending criminal proceeding.

Summary

Sagar Madhukar Aute applied to the Bombay High Court seeking quashment of FIR No.169/2023 and the related criminal proceeding (R.C.C. No.669/2023) for offences under IPC sections 323, 498‑A, 504, 506 r/w 34. The parties, including co‑accused respondent No.2, settled the dispute amicably and submitted a verified settlement to the court, with the co‑accused consenting to the quashment. Relying on the Supreme Court’s decision in Narinder Singh v. State of Punjab, the court exercised its inherent powers to entertain the settlement. The court held that the settlement and consent justified quashing the FIR and the pending criminal case. Consequently, the criminal application was allowed and the FIR and proceeding were dismissed.

Issues considered

Whether a High Court can quash an FIR and pending criminal proceeding on the basis of an amicable settlement and consent of the co‑accused.
Whether the inherent powers of the High Court under CrPC can be invoked to dismiss prosecution for offences punishable under IPC sections 323, 498‑A, 504, 506 r/w 34.

Legislation cited

Indian Penal Code, 1860 — s. 323, 34, 498, 504, 506

Subjects

quashment of FIR
amicable settlement
inherent powers
High Court
Criminal Procedure Code
Section 482
IPC offences
Narinder Singh case

Judgment

2026:BHC-AUG:41327
                                                  -1-
                                                                  976-APPLN-1554-2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                             CRIMINAL APPLICATION NO. 1554 OF 2026

                                   SAGAR MADHUKAR AUTE
                                           VERSUS
                           THE STATE OF MAHARASHTRA AND ANOTHER

                                              ......
              Advocate for Applicant : Mr. Shrikant G. Kawade
              APP for Respondent - State : Mr. K. K. Naik
                                              ......

                                             CORAM : HITEN S. VENEGAVKAR, J.
                                             DATED : 3rd SEPTEMBER 2026
              PER COURT :

              1.        Heard learned Advocates appearing for respective parties.


              2.        The applicant seeks quashment of FIR No.169/2023 dated

              09.03.2023 registered with MIDC Police Station, Dist. Latur for

              offences punishable under Sections 323, 498-A, 504, 506 r/w 34 of

              Indian Penal Code and consequential proceedings in R.C.C.

              No.669/2023 pending before Judicial Magistrate First Class at

              Latur.


              3.        On 12.02.2026, learned Advocate appearing for applicant

              informs that parties have amicably settled dispute and have

              tendered terms of such settlement on record of this Court. In Writ

              Petition No.731 of 2023, respondent no.2 along with other co-

              accused were relegated to Registrar (Judicial) of this Court for


              Tandale
                                        -2-
                                                          976-APPLN-1554-2026

presentation         of   terms   of   settlement   and    its   verification.

Accordingly, on 20.02.2026 co-accused and respondent no.2

presented themselves before Registrar (Judicial) of this Court and

tendered terms of settlement alongwith photo copies of Aadhar

Card. The Registrar (Judicial) of this Court verified parties.

Parties admitted contents of terms of settlement to be true and

correct and signatures thereon.


4.        Perusal of terms of settlement shows that respondent no.2

has no objection to quash FIR in Crime No.169/2023 and R.C.C.

No.669/2023 pending before Judicial Magistrate First Class, Latur.

It appears that, respondent no.2 and applicant husband have been

separated under decree of divorce and they are living happy life.


5.        Considering submissions advanced by learned Advocates

appearing for respective parties and amicable settlement as

discernible from terms of settlement, case is made out to exercise

inherent powers in light of law laid down by Supreme Court in case

of Narinder Singh Vs. State of Punjab and Ors.1.


6.        In result, Criminal Application is allowed in terms of prayer

Clauses (C), (D) and (E).


                                              (HITEN S. VENEGAVKAR)
                                                     JUDGE

1    (2014) 6 SCC 466.

Tandale

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