Bombay High Court

SANTOSH TARACHAND SHELKE AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The Court allowed the application and quashed the FIR, charge‑sheet and criminal case in view of the parties' amicable settlement.

Summary

The applicants, involved in a matrimonial dispute, filed a criminal application seeking quash of FIR No. 9 of 2025, the related charge‑sheet and the pending criminal case, alleging offences under Sections 85, 352, 115(2), 351(2), 351(3) read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023. Both parties reached an amicable settlement, which was verified by the Court’s Registrar and documented in a compromise deed referencing parallel Family Court proceedings. The respondents, including the State, concurred that they did not wish to continue the prosecution. The Court examined the verification report and the terms of compromise, and, considering the settlement of the matrimonial dispute, ordered the FIR, charge‑sheet and criminal case to be quashed and set aside. No costs were awarded.

Issues considered

Whether criminal proceedings arising from a matrimonial dispute can be quashed on the basis of a mutual compromise between the parties.

Legislation cited

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

Subjects

criminal procedure
quash
FIR
compromise
matrimonial dispute
Bhartiya Nyaya Sanhita
Section 85
Section 352
Family Court

Judgment

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         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

            981 CRIMINAL APPLICATION NO. 2656 OF 2026

            SANTOSH TARACHAND SHELKE AND OTHERS
                               VERSUS
           THE STATE OF MAHARASHTRA AND ANOTHER
                                   ...
         Advocate for Applicants : Mr. Chate Govind Bhagwan
          APP for Respondent No. 1/State : Mr. S.A.Gaikwad
         Advocate for Respondent No. 2 : Mr. Ramesh R. Imale
                                   ...


                          CORAM : HITEN S. VENEGAVKAR, J.
                          DATE : 01.09.2026
PER COURT :


1.          Heard the learned Advocates for the respective parties.


2.          The present application seeking quasment of the First
Information Report bearing No. 9 of 2025 dated 08.01.2025 registered
with Pundlik Nagar Police Station, Chhatrapati Sambhajinagar and
consequential charge-sheet bearing No. 43 of 2025 dated 12.03.2025
and Regular Criminal Case bearing No. 1525 of 2025 pending on the file
of learned Judicial Magistrate, First Class, Court No. -7, Aurangabad.
The learned Advocate for the applicant submits that the proceedings are
arising out of the offences punishable under Sections 85, 352, 115(2),
351(2), 351(3) r/w Section 3 (5) of the Bhartiya Nyaya Sanhita, 2023 (for
short “BNS”).


3.          The dispute of matrimonial dispute between the parties
wherein, now the parties have arrived at an amicable settlement. The
learned Advocate submits that the parties have appeared before the
learned Registrar, (Judicial) of this Court for the purpose of verification
and the verification has also been completed and the report of
compromise is submitted in this Court. In the light of the compromise
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between the parties, the application be allowed and the criminal
proceedings be quashed and set aside.


4.          The learned Advocate for respondent No. 2 reiterated that
the parties have arrived at settlement and do not wish to continue with
the present proceedings. He also prays that the application be allowed
and the proceedings be quashed.


5.          I have perused the report submitted by the learned
Registrar, (Judicial) of this Court dated 17.07.2026, contending that the
credentials of the parties have been verified and also settlement
pertaining to the terms and contents being true and correct. A copy
annexed to the report pertaining to the terms of compromise clearly
mentions that the present proceeding can be allowed and the
proceedings, First Information Report, the Charge-sheet and the
Criminal Case against the applicant be quashed in view of the
compromise.


6.          The settlement deed also mentions reference to the Family
Courts proceedings which also have been decided and settled and the
Counsellor of the Family Court, Chhatrapati Sambhajinagar has
recorded terms of compromise between the parties. The Family Court
proceedings are pending for final orders.


7.          Taking into consideration the terms of the compromise and
the factum that the parties have amicably settled their matrimonial
dispute alongwith the allegations made against the present applicant in
the impugned FIR and the consequential criminal proceeding, the
application is allowed. Hence the following order :
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                                    ORDER


(i)     The application is allowed in terms of prayer Clause (B).


(ii)    The First Information Report bearing No. 9 of 2025 dated
08.01.2025 registered with Pundlik Nagar Police Station, Chhatrapati
Sambhajinagar and consequential charge-sheet bearing No. 43 of 2025
dated 12.03.2025 and Regular Criminal Case bearing No. 1525 of 2025
pending on the file of learned Judicial Magistrate, First Class, Court No.
-7, Aurangabad are hereby stands quashed and set aside.


(iii)   No order as to the costs.



                                        (HITEN S. VENEGAVKAR, J.)




mahajansb/

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