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Bombay High Court

AKSHAYKUMAR BHARATBHAI LOHAR AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
APPLICATION ALLOWED

Holding

The High Court allowed the application and quashed the FIR and the regular criminal case.

Summary

The applicants, a husband, filed a criminal application seeking quash of FIR No. 740 of 2024 and a regular criminal case arising from a matrimonial dispute, alleging offences under Sections 498‑A, 323, 354, 354A, 509, 504 and 506 read with Section 34 of the Indian Penal Code. The wife (respondent No.2) and the State were respondents. The parties later settled the dispute amicably and executed a compromise deed dated 22‑07‑2026, which they voluntarily submitted to the court. The court, noting the settlement and the absence of any coercion, held that the criminal proceedings could be dismissed. Accordingly, the application was allowed and the FIR and the criminal case were quashed. No order as to costs was made.

Issues considered

  • Whether criminal proceedings arising from a matrimonial dispute can be quashed when the parties have reached an amicable settlement and executed a compromise.
  • Whether the FIR and the regular criminal case under the cited IPC sections should stand in view of the compromise.

Legislation cited

Subjects

  • matrimonial dispute
  • compromise
  • quash of FIR
  • Section 498A
  • criminal proceedings
  • settlement
  • High Court of Bombay

Judgment

                                 1                     70appln2492.26



         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

             70 CRIMINAL APPLICATION NO. 2492 OF 2026

         AKSHAYKUMAR BHARATBHAI LOHAR AND OTHERS
                               VERSUS
            THE STATE OF MAHARASHTRA AND ANOTHER
                                   ...
        Advocate for Applicants : Mr. Chaudhari Chetan Barku
       APP for Respondents/State : Ms. Ashlesha S. Deshmukh
Advocate for Respondent No.2 : Mr. S.A. Mulla h/f Mr. Garje Nisargraj B.
                                   …


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


1.          Heard the learned Advocate for the applicants, learned APP

for the State and the learned Advocate for respondent No. 2.



2.          The learned Advocate for the applicants 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

dated 22.07.2026.



3.          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
                                       2                    70appln2492.26



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

to them.



4.                 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.



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

2492 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. 740 of 2024,
             dated 06.12.2024, registered at Nandurbar City Police Station,
             District Nandurbar, for the offences punishable under Sections
             498-A, 323, 354, 354(A), 509, 504 and 506 r/w 34 of the
             Indian Penal Code and also Regular Criminal Case No. 116 of
             2025 are 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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