Bombay High Court

PRAVIN DINKAR KHEDKAR AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The FIR is quashed and set aside as the parties have settled the dispute amicably.

Summary

The applicants, a husband and wife, filed a criminal application seeking quash of FIR No. 540 of 2025 registered at Ashti Police Station for offences under Sections 85, 115(2), 352 and 351(2) r/w 3(5) of the Bhartiya Nyaya Sanhita, 2023. Both parties submitted a compromise deed dated 27.08.2026, confirming that the matrimonial dispute was settled amicably without any coercion. The court examined whether a compromise in a matrimonial matter could justify setting aside the FIR for the alleged offences. Relying on the voluntary nature of the settlement and the absence of any force, the court held that the FIR could be quashed. Accordingly, the application was allowed and the FIR was set aside.

Issues considered

Whether an FIR filed for offences under the Bhartiya Nyaya Sanhita can be quashed on the basis of a mutual compromise in a matrimonial dispute.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 115(2), 351(2) r/w 3(5), 352, 85

Subjects

criminal procedure
compromise
quash FIR
matrimonial dispute
Bhartiya Nyaya Sanhita
Sections 85, 115(2), 352, 351(2) r/w 3(5)

Judgment

                                   1                   68appln1720.26



           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                       BENCH AT AURANGABAD

               68 CRIMINAL APPLICATION NO. 1720 OF 2026

                  PRAVIN DINKAR KHEDKAR AND OTHERS
                                  VERSUS
               THE STATE OF MAHARASHTRA AND ANOTHER
                                      ...
           Advocate for Applicants : Mr. Andhale Sandip Ramnath
                  APP for Respondents/State : Mr. S.V.Hange
     Advocate for Respondent No.2 : Ms. Gurvinder J. Punjabi (appointed)
                                      …


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


1.            The learned Advocate Mr. Ashish R. Kachole, who was

appointed by this Court, stands discharged, in the light of the learned

Advocate Mr. Gurvinder J. Punjabi, who is filing her Vakalatnama on

behalf of respondent No. 2.



2.            As the learned appointed Advocate Mr. Ashish R. Kachole,

was appointed for one date before this Court, is entitled for remuneration

for the appearance and it be paid to the learned Advocate by the High

Court Legal Aid Services, Sub Committee, Aurangabad.



3.            The learned Advocate for the applicant and the learned

Advocate appearing for respondent No. 2, jointly submit that the parties

have settled their dispute amicably amongst themselves and have also

entered into the compromise terms, which have been placed on record
                                     2                    68appln1720.26



dated 27.08.2026.



4.               The record indicates that the parties have appeared before

the Registrar (Judicial) and the report to that effect is placed on record,

which indicates that applicant No. 1, who is husband and respondent

No. 2 who is wife, have admitted and accepted the contents of the

compromise terms and they voluntarily submit that they have entered

into the compromise terms and there is no force, which has been applied

to them.



5.               Taking into consideration the fact that that the offences

alleged pertains to matrimonial dispute, between the applicant and

respondent No. 2 and now they have settled their dispute amongst

themselves, hence, the present proceeding can be quashed.



6.               In the aforesaid circumstances, the Criminal Application No.

1720 of 2026 stands allowed. Hence the following order :

                                     ORDER

           (i)      The application stands allowed in terms of prayer Clause

           (B).



           (ii)     The First Information Report bearing No. 540 of 2025,

           dated 26.11.2025, registered at Ashti Police Station, District

           Beed, for the offences punishable under Sections 85, 115(2),
                                      3                  68appln1720.26



             352, 351(2) r/w 3 (5) of the Bhartiya Nyaya Sanhita, 2023,

             stands quashed and set aside, against the present applicants.



             (iii)   No order as to the costs.




                                          (HITEN S. VENEGAVKAR, J.)




mahajansb/

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