ROHIT RAJENDRA KAKANI AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

2026:BHC-AUG:37622
                                                                     922appln2972-26

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                       922 CRIMINAL APPLICATION NO. 2972 OF 2026

                               Rohit Rajendra Kakani And Others
                                            VERSUS
                             The State Of Maharashtra And Another
                                               ...
            Mr. J. M. Murkute, Advocate for the Applicants
            Mr. S.V. Hange, APP for the Respondent-State
            Ms. Pooja Deshmukh, Advocate for Respondent No.2.


                                   CORAM : HITEN S. VENEGAVKAR, J.
                                     Dated : 18th August, 2026
            PER COURT :-


            1.       Heard the learned Advocates.


            2.       By the present application, the applicants seek quashment of

            the First Information Report bearing Crime No.231 of 2024 dated

            27.12.2024 registered with Osmanpura Police Station at Aurangabad

            for the offences punishable under Sections 323, 498(A), 504 r/w 34 of

            the Indian Penal Code and under Sections 3 and 4 of the Dowry

            Prohibition Act.   The applicants further seek quashing of the Regular

            Criminal Case No. 960 of 2025 pending on the file of learned Judicial

            Magistrate, First Class, Aurangabad arising from Charge-sheet No.

            30/2025 dated 20.03.2025. The applicants further seek quashing of

            the order of cognizance passed by the learned Judicial Magistrate, First

            Class, Aurangabad dated 25.05.2025 on the various grounds as stated

            in the memo of application.


            3.       The main ground that is being stated in the application is in

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respect of the settlement terms entered into between the parties and

the compromise that has arrived at between the parties before the

Family Court at Aurangabad at the time when the Family Court

proceedings were listed before the National Lok Adalat.


4.       The learned Advocate for the applicants submits that the

parties appeared before the National Lok Adalat which was held on

10.05.2025 and submitted that both the parties have arrived at

compromise and they are cohabiting together since 09.05.2025. In

pursuance of their compromise, they have also signed and executed the

consent terms.


5.       The learned Advocate for the applicants invites the Court's

attention to the document of consent terms duly signed between the

parties before the Superintendent, Family Court, Aurangabad, dated

19.04.1925. In the said consent terms, it has been specifically stated

that both the parties have resumed cohabitation from 07.05.2025 on

the residential address of the applicant/husband at Aurangabad

alongwith their minor son. In the said consent terms, Clauses (7) and

(9) which pertain to the proceedings from which the present

application arises are also mentioned as follows:

       "7.    The petitioner has filed criminal cases against the
       respondent and his family members under section 498-A of the
       Indian Penal Code and under the Prohibition Dowry Act. The
       Petitioner and the Respondent will cooperate each other to
       withdraw the said cases as per procedure of law."

       "9.   It is agreed between the parties that they will not level
       any accusations or allegations against each other or their family

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       members. They also agreed to cooperate with each other for
       improvement of relationships."


6.       The learned Advocate, thus, submits that as the dispute has

been settled between the Applicants and original Complainant/

Respondent no.2., the application be allowed in terms of prayer clauses

(B), (C) and (D) of the present application.


7.       The learned Advocate appearing for respondent no.2 concurs

with that the parties have settled the dispute and have rendered into

consent terms. He further admits that respondent no.2 and the

applicant no.1 have started cohabiting with each other since 7.05.2025

and since then, there is absolutely no dispute between them.        The

learned APP acknowledges the consent terms and the order passed by

the National Lok Adalat and also the Family Court.


8.       I have heard the learned Advocates appearing for the parties. I

have also perused the copy of consent terms annexed to the present

application dated 09.04.2025, the report of the Marriage Counselor,

Family Court, dated 19.04.2025 alongwith the order passed below

Exh.1 in Petition No. B-9/2024 passed by the National Lok Adalat,

Panel Head, Family Court, Aurangabad dated 10.05.2025. All these

documents and the order support the contention of the learned

Advocate appearing for the Applicants and the learned Advocate

appearing for Respondent No.2 that the matter has been settled among

them and they are happily residing with each other.        The learned

Advocate appearing for Respondent No.2 reiterates before this Court

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           that Respondent No.2 does not wish to proceed with the present

           proceedings which are challenged in the present application and

           therefore, the same be quashed.


           9.       Taking into consideration the settlement between the parties

           and also the fact that now the applicants and respondent no.2 are

           happily cohabiting with each other, there will be no purpose served by

           keeping the proceedings pending either in this court or before the trial

           court. Hence, the following order:


                                          ORDER


           (a)   Criminal Application No. 2972 of 2026 stands allowed.


           (b)   First Information Report bearing Crime No.231 of 2024 dated

                 27.12.2024 registered with Osmanpura Police Station at

                 Aurangabad, which resulted in filing of Charge-sheet No.30/2025

                 dated 20.03.2025 and consequential proceeding bearing Regular

                 Criminal Case No. 960 of 2025 pending on the file of learned

                 Judicial Magistrate,First Class, Aurangabad alongwith the order

                 cognizance    dated 25.05.2025 passed in the above referred

                 criminal case are hereby quashed and set aside.


           (d)   No orders as to costs.




                                                     (HITEN S. VENEGAVKAR, J.)
JPChavan




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