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Bombay High Court

SONU ALIAS YASH SANJAY JADHAVversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
APPLICATION ALLOWED

Holding

The High Court held that the FIR under Section 109 may be quashed when the parties have amicably settled the private dispute, notwithstanding the seriousness of the injuries.

Summary

The applicant, Sonu Alias Yash Sanjay Jadhav, was charged under Section 109 of the Bharatiya Nyaya Sanhita, 2023 for causing three grievous injuries to the complainant during a dispute over the use of a boring water. Both parties later filed affidavits stating that the misunderstanding had been resolved and they wished to maintain peace in their society. The State argued that the seriousness of the injuries warranted continuation of the criminal proceedings and noted that the applicant's anticipatory bail had been rejected by the Sessions Court. The High Court examined the FIR, medical certificate, and statements, noting that the dispute was essentially a private civil matter now settled by the parties. Relying on its inherent powers, the Court quashed the FIR on the basis of the settlement, subject to the applicant paying costs of Rs. 50,000 within three weeks. The order stipulated that the quashment would become effective upon payment and verification of the costs.

Issues considered

  • Whether a criminal proceeding under Section 109 of the Bharatiya Nyaya Sanhita can be quashed on the ground of settlement between the parties.
  • Whether the seriousness of the injuries and the pending anticipatory bail application affect the Court's power to quash the FIR.

Legislation cited

Subjects

  • settlement
  • quash of FIR
  • Section 109
  • Bharatiya Nyaya Sanhita
  • inherent powers of court
  • grievous hurt
  • anticipatory bail

Judgment

                                1                     937APPLN2928.2026.odt

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

            937 CRIMINAL APPLICATION NO. 2928 OF 2026

                      Sonu Alias Yash Sanjay Jadhav
                                 VERSUS
                  The State Of Maharashtra And Another
                                    ...
Adv. Yogesh Arun Jadhav for Applicant
Mr. S. V. Hange - APP for the State
Adv. Pritam P. Jadhav for Respondent No. 2
                                    ...

                           CORAM :    HITEN S. VENEGAVKAR, J.
                           DATED :    01ST OCTOBER, 2026

ORAL ORDER :

1.           Heard the learned Advocate for the Applicant, the learned

APP appearing for the State and the learned Advocate for Respondent

No. 2.


2.           The      learned    Advocate       appearing      for     the

Complainant/Respondent No. 2 and the learned Advocate for the

Applicant jointly submit that the parties have amicably settled the

dispute amongst themselves. They have decided to resolve the issue and

live happily in the Society.


3.           The affidavit-in-reply filed by the Complainant/Respondent

No. 2 states, in paragraph No. 6, that the incident took place due to a

misunderstanding      between   the   parties   and    that,    now    the

misunderstanding and issues have been clarified, they do not wish to
                                  2                     937APPLN2928.2026.odt

continue with any kind of disharmony amongst themselves. They are

known to each other, had good relations, and would like to continue the

same.


4.           The learned APP appearing for the State submits that the

offence is under Section 109 of the Bharatiya Nyaya Sanhita and that

the injuries caused were to the head of the Complainant. There are three

grievous injuries caused. He states that, in such a scenario, the

statement of the Complainant should not be accepted, as the

investigation is in progress and the anticipatory bail application of the

Applicant is also pending before this Court. He submits that the Sessions

Court has rejected the Applicant's application for anticipatory bail.


5.           I have perused the copy of the F.I.R. and the medical

certificate produced by the learned APP, which clearly suggest that the

assault was on the head of the Complainant and that three grievous

injuries were caused due to the said assault. The statements of the

injured   Complainant    recorded     by   the   Investigating   Officer   on

18.05.2026 and 20.05.2026 are taken into consideration. It appears that

the dispute between the parties is on account of the use of the boring

water. In the supplementary statement dated 20.05.2026, the

Complainant has clearly stated that, when an attempt was made by the

present Applicant on 14.05.2026 to use the boring water, he could not

start the said boring and misunderstood that the Complainant had
                                   3                    937APPLN2928.2026.odt

manipulated the said boring so that the Applicant could not use it and

that only the Complainant could use it for his construction purpose.


6.           The       affidavit-in-reply     filed     by      Respondent

No.2/Complainant states that this misunderstanding between the parties

has now been clarified and settled. They have decided to reside in the

Society by maintaining peace and harmony. They previously had good

relations with each other and intend to continue the same in the future.


7.           Though the offence registered is under Section 109 of the

Bharatiya Nyaya Sanhita, 2023, and the injuries caused to the

Complainant are grievous in nature, the inter se dispute between the

parties is private in nature. The Complainant himself has expressed his

desire to settle the dispute on the ground that the issue has been settled

and, therefore, no fruitful purpose would be served by compelling the

parties to face the trial before the Trial Court. Therefore, I am inclined to

exercise my inherent powers to quash the proceedings on the ground of

settlement and the assurance given by the parties to maintain peace and

harmony. Hence, the Application is allowed on the condition that the

Applicant shall pay costs of Rs. 50,000/- [Rupees Fifty Thousand] with

the High Court Dispensary, Bombay High Court, Aurangabad Bench,

Chhatrapati Sambhajinagar. Hence, I pass the following order:-


                                  ORDER

     [i]     The Application is allowed.
                                                                    4                    937APPLN2928.2026.odt



                                      [ii]    The FIR bearing Crime No. 0246 of 2026 registered with
                                              Pachora Police Station, District Jalgaon, for offence
                                              punishable under Section 109 of the Bharatiya Nyaya
                                              Sanhita, 2023, against the Applicant stands quashed and set
                                              aside.


                                      [iii]   The Applicant shall personally deposit an amount of
                                              Rs.50,000/- (Rupees Fifty Thousand only) with the High
                                              Court Dispensary, Bombay High Court, Aurangabad Bench,
                                              Chhatrapati Sambhajinagar, towards costs, within a period
                                              of three (3) weeks from today, failing which the
                                              investigation and proceedings shall continue.


                                      [iv]    Upon deposit of the amount as directed above and
                                              verification of the receipt thereof by the learned APP,
                                              Mr. D. J. Patil, the order will come into effect.




                                                                          [ HITEN S. VENEGAVKAR ]
                                                                                   JUDGE

                             SG Punde




Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 01/10/2026 20:47:10


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