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Bombay High Court

ASARAM KAMLAJI KALAMKAR AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
APPLICATION ALLOWED

Holding

The court quashed the FIR and all consequent criminal proceedings as the parties had settled the dispute and the complainant withdrew the complaint.

Summary

The petitioners, comprising senior members of a family, sought quash of FIR No. 317 of 2026 filed under Sections 85, 115(2), 352, 351(3) and 3(5) of the BNS, alleging offences arising from matrimonial disputes. The complainant, the wife, consented to withdraw the complaint after a settlement facilitated by elder family members, and the parties agreed to cohabit. The court examined the investigation records and found the dispute to be a private family matter now resolved. Relying on the settlement and the withdrawal of the complaint, the court held there was no basis to continue the criminal proceedings. Consequently, both criminal applications were allowed and the FIR and any consequent proceedings were quashed.

Issues considered

  • Whether criminal proceedings under Sections 85, 115(2), 352, 351(3) and 3(5) of the BNS can be quashed on the ground of settlement and withdrawal of the complaint.
  • Whether a private family settlement extinguishes liability for the alleged offences.

Legislation cited

  • BNS — s. 115(2), 3(5), 351(3), 352, 85

Subjects

  • criminal procedure
  • settlement
  • quash
  • FIR
  • matrimonial dispute
  • BNS
  • private family compromise

Judgment

2026:BHC-AUG:43915
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                                                               939-APPLN-3366-2026

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD
                          CRIMINAL APPLICATION NO. 3366 OF 2026
              1.     Asaram Kamlaji Kalamkar (Father-in-Law)
                     Age : 69 years, Occu: Agri,

              2.     Alkabai Asaram Kalamkar (Mother in law)
                     Age: 60 years Occu: Agri.
                     Both R/o. Antarawali Khandi.
                     Tq. Paithan Dist. Ch. Sambhajinagar

              3.     Chhaya Appasaheb Hande
                     Age : 41 yrs, Occu : Household
                     R/o. Devi Krupa Building, Sonarpada,
                     Tq. Kalyan Dist. Thane
              4.     Vandana Narayan Agale,
                     Age : 38 years, Occu : Household,
                     R/o. Gevral Bk. Tq. Paithan,
                     Dist. Ch. Sambhajinagar

              5.     Vijaya Pandurang @ Raju Bodakhe
                     Age : 35 years, Occu : Household,
                     R/o. Chinchala Post Viha Mandwa,
                     Tq. Paithan Dist. Ch. Sambhajinagar

              6.     Suverna Krushna Kuber
                     Age : 34 years, Occu : Household,
                     R/o. Krushna Kuber, Bhalgaon
                     Tq. & Dist. Chh. Sambhajinagar              … Applicants.
                                                                 (Applicant no.3 to 6
                                                                 are sisters in law)
                                Versus

              1.     The State of Maharashtra
                     Through Police Station Officer,
                     Pachod Police Station, Pachod
                     Dist. Ch. Sambhajinagar

              2.     Kajal Baliram Kalamkar
                     Age : 21 years Occu: Fashion Designer,
                     R/o. C/o Baliram Babasaheb Langde,
                     At Present Brahmangaon, Tq.. Paithan
                     Dist. Ch. Sambhajinagar                     ...Respondents
                                -2-
                                                 939-APPLN-3366-2026



                          WITH
           CRIMINAL APPLICATION NO. 3680 OF 2026

Baliram Asaram Kalamkar (Husband)
Age: 30 years Occu: Agri,
R/o. Antarawali Khandi,
Tq. Paithan Dist. Ch. Sambhajinagar                … Applicant

           Versus

1.   The State of Maharashtra
     Through Police Station Officer,
     Pachod Police Station, Pachod
     Dist. Ch. Sambhajinagar

2.   Kajal Baliram Kalamkar
     Age : 21 years Occu: Fashion Designer,
     R/o. C/o. Baliram Babasaheb Langde
     At Present Brahmangaon, Tq. Paithan
     Dist. Ch. Sambhajinagar                       … Respondents

                                .....
Advocate for Applicant : Mr. Syed Azizoddin R.
APP for Respondent - State : Mr. S. D. Ghayal
Advocate for Respondent No.2 : Mr. Rehan Khan
                                .....

                           CORAM : HITEN S. VENEGAVKAR, J.
                           DATED : 22nd SEPTEMBER 2026
PER COURT :

1.         Heard learned Advocates appearing for the parties. I

have also perused the report about the compromise submitted by

the learned Registrar (Judicial) of this Court along with the

Consent Terms filed by the parties on record.



2.         The Consent Terms categorically record that the
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                                                939-APPLN-3366-2026

differences between the complainant and the present applicants

have been settled due to the intervention of elderly members of the

society and that in the interest of the better future of the minor

child, the parties have now started cohabiting with each other. The

statement also records that respondent No.2-wife agrees to

withdraw her complaint and FIR against the present applicants

and his family members, and therefore, respondent No. 2 jointly

prays that C.R. No. 317 of 2026 registered with Pachod Police

Station, Tq. Paithan, Dist. Chh. Sambhajinagar, for the offences

punishable under Sections 85, 115(2), 352, 351(3) and 3(5) of the

BNS and the subsequent proceedings be quashed and set aside.



3.         I have perused the investigation papers and also the

material that has been placed on record. The dispute prima facie

seems to have arisen out of the matrimonial relationship and the

differences between the parties. Now that the husband and wife

have willingly decided to cohabit with each other and lead a happy

life, I am of the opinion that there is no substance in keeping the

proceedings pending.



4.         Hence, both Criminal Applications stand allowed.



5.         The First Information Report bearing Crime No. 0317 of
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                                                939-APPLN-3366-2026

2026, registered with Pachod Police Station, Tq. Paithan, District

Chhatrapati Sambhajinagar, for the offences punishable under

Sections 85, 115(2), 352, 351(3), and 3(5) of the BNS and the

consequential proceedings stand quashed and set aside.



6.         Any consequential proceedings, such as filing of a

charge-sheet or any proceedings before the Trial Court also stand

quashed in view of the settlement between the parties.




                                      (HITEN S. VENEGAVKAR)
                                             JUDGE




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