Bombay High Court
VIDYA BRIJBHUSHAN GAIKWADversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- APPLICATION ALLOWED
Holding
The court held that an amicable settlement with a clear undertaking to withdraw the pending criminal proceeding warrants quashing the FIR, charge sheet, and RCC proceedings.
Summary
The applicant sought quashing of an FIR (Crime No. 0162 of 2018) and a subsequent charge sheet and RCC proceeding (No. 1722 of 2024) relating to offences under Section 66(C) of the Information Technology Act, 2000 and Section 201 of the IPC. The parties had earlier resolved their dispute through mediation, resulting in a written compromise deed wherein the husband undertook to withdraw the criminal proceeding within a month. Both parties, through their advocates, consented to the settlement and requested the court to set aside the criminal proceedings. The court examined the mediation report and the compromise deed, noting the specific undertaking to withdraw the case, and concluded that the settlement justified quashing the FIR and related proceedings. Accordingly, the application was allowed and the FIR, charge sheet, and RCC proceeding were quashed.
Issues considered
- Whether a criminal proceeding under the Information Technology Act can be quashed on the basis of an amicable settlement and a specific undertaking to withdraw the case.
- Whether the court has jurisdiction to set aside an FIR and charge sheet after parties have reached a compromise.
Legislation cited
- Indian Penal Code, 1860 — s. 201
- Information Technology Act, 2000 — s. 66(C)
Subjects
- mediation
- settlement
- quash FIR
- Information Technology Act
- cybercrime
- compromise deed
- withdrawal of criminal proceedings
- criminal procedure
Judgment
2026:BHC-AUG:38729
997appln2671-26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
997 CRIMINAL APPLICATION NO. 2671 OF 2026
Vidya Brijbhushan Gaikwad
VERSUS
The State Of Maharashtra And Another
...
Mr. Patil Nileshsingh J, Advocate for the Applicant
Mr. S. A. Gaikwad, APP for the Respondent-State
Mr. Tukaram M. Venjane, Advocate for Respondent No.2
CORAM : HITEN S. VENEGAVKAR, J.
Dated : 27th August, 2026
PER COURT :-
1. The learned Advocate for the applicant submits that the
present application is filed for quashing of the First Information Report
bearing Crime No. 0162 of 2018 registered with Vivekanand Chowk
Police Station, Latur for the offences punishable under sections 66(C)
of the Information Technology Act, 2000, dated 20.05.2018, and also
for quashing of the consequent charge sheet and RCC proceedings
bearing No. 1722 of 2024 pending on the file of learned J.M.F.C., Latur,
along-with all the other consequential orders passed therein.
2. The learned Advocate for the applicant further submits that
the parties have amicably settled the dispute among themselves during
the process of mediation when they were referred to the mediator by
order dated 16.01.2026 passed by this Court in Misc. Civil Application
No. 10 of 2023. He categorically refers to the mediation report filed in
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the proceedings of Misc. Civil Application No. 10 of 2023, wherein it is
specified that the mediation is successful and the terms of settlement
are enclosed therewith. The said mediation report is dated 20.02.2026
and the terms of settlement are dated 12.02.2026, which is signed by
the parties as well as the Advocates for the parties appearing in the
Misc. Civil Application No.10 of 2023. The learned Advocate for the
applicant further refers to paragraph no. 5 of the said consent terms
which reads as under:-
“05. That, the wife undertakes to withdraw the cases
If any, within the period of one month from today. The
husband undertakes that, he will withdraw the
proceeding bearing R.C.C. No. 1722/2024 pending
before the Ld. Judicial Magistrate First Class, Latur for
the offences punishable U/s. 201 of Indian Penal Code
and U/s. 66-C of Information Technology Act within a
period of one month from today. Both the wife and
husband agree that in future both of them will not file
any proceeding or complaint against each other or
against the family members in future in connection
with the present dispute.”
3. Accordingly, the learned Advocate for the applicant submits
that on the ground of amicable settlement between the parties, the
proceeding bearing RCC No. 1722 of 2024 has been agreed to be
withdrawn by the husband. It is thus submitted that on the basis of the
said mediation report and the settlement between the parties, with
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specific undertaking given by the husband in the said settlement, the
present proceedings be quashed and set aside in terms of the
settlement, specially, para 5 of the said compromise deed.
4. The learned Advocate for respondent no.2 do not dispute the
above stated fact and also submits that the parties have amicably
settled the dispute and the settlement has been drawn in to a written
compromise deed, which was placed before this Court in Misc. Civil
Application No. 10 of 2023 and by considering the same, on
06.03.2026, this court had has allowed the said application. He further
states that he has instructions to give no objections in order to allow
the present application and quash the entire proceeding as prayed
therein.
5. The mediation report, order dated 06.03.2026 of this Court in
MCA No. 10/2023 and the compromise pursis filed on behalf of wife
and husband filed in MCA No. 10 of 2023 dated 12.202.2026 are taken
on record and marked as ‘X’ collectively for the purpose of
identification.
6. Heard the learned Advocates for the parties. I have perused
the mediation report as well as the terms of compromise dated
12.02.2026.
7. Taking into consideration the fact that amicable settlement has
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arrived at between the parties and a specific undertaking is provided in
the compromise deed that the proceedings pending before the learned
JMFC, Latur between the parties, bearing RCC No. 1722 of 2024 will
be withdrawn, this Court has no hesitation in allowing the present
application. Hence, the following order:
ORDER
(a) Criminal Application No. 2671 of 2026 stands allowed.
(b) First Information Report bearing Crime No. 0162 of 2018
registered with Vivekanand Chowk Police Station, Latur for the
offences punishable under sections 66(C) of the Information
Technology Act, 2000, dated 20.05.2018, consequent charge
sheet and RCC proceedings bearing No. 1722 of 2024 pending on
the file of learned J.M.F.C., Latur, along-with all the other
consequential orders passed therein are hereby quashed and set
aside.
(c) No orders as to costs.
(HITEN S. VENEGAVKAR, J.)
JPChavan
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