Bombay High Court

RAJU CHOKHAJI SALVE AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The court held that the FIR and the consequent criminal proceeding may be quashed when the parties have settled the dispute and mutually agree to withdraw the prosecution.

Summary

The original accused filed an application seeking quashing of FIR No. 0345 of 2023 and the related criminal proceeding (R.C.C. No. 76 of 2025) for offences under Sections 324, 504 and 506 read with Section 34 of the Indian Penal Code. Both the accused and the State jointly submitted that the dispute had been amicably settled and that the parties did not wish to pursue prosecution. An affidavit confirming the settlement was verified by the court registrar on 18‑08‑2026. The High Court, considering the settlement and the parties' wish to withdraw the case, allowed the application and quashed the FIR and the pending criminal proceeding. The order was pronounced by Justice Hiten S. Venegavkar on 31‑08‑2026.

Issues considered

Whether a criminal case for offences under Sections 324, 504, 506 read with Section 34 IPC can be quashed on the basis of a private settlement between the parties.

Legislation cited

Indian Penal Code, 1860 — s. 324, 34, 504, 506

Subjects

settlement
quash
FIR
criminal proceeding
IPC
Section 34
High Court
criminal application

Judgment

2026:BHC-AUG:40111
                                              1                       85APPLN3387.2026.odt

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                           85 CRIMINAL APPLICATION NO. 3387 OF 2026

                                    Raju Chokhaji Salve And Others
                                                VERSUS
                                The State Of Maharashtra And Another
                                                    ...
               Mr. Hemant U. Dhage - Advocate for Applicants
               Mr. V. K. Kotecha - APP for the State
               Mr. V. S. Kadam h/f Mr. Vivek V. Tarde - Advocate for Respondent No.2
                                                    ...

                                        CORAM :     HITEN S. VENEGAVKAR, J.
                                        DATED :     31ST AUGUST, 2026

               PER COURT :

               1.          The present Application is filed by the original Accused

               seeking quashing of Crime No. 0345 of 2023 registered with

               Mukundwadi Police Station, District Chhatrapati Sambhajinagar, dated

               07.08.2023, for the offences punishable under Sections 324, 504 and

               506 read with Section 34 of the Indian Penal Code, and the

               consequential proceedings i.e. R.C.C. No. 76 of 2025, pending before the

               learned Chief Judicial Magistrate, Chhatrapati Sambhajinagar.

               2.          The learned Advocate for the Applicants and the learned

               Advocate for Respondent No. 2 jointly submit that the offences

               punishable under Sections 324, 504 and 506 read with Section 34 of the

               Indian Penal Code have been settled between the parties and that the

               terms of settlement have also been placed on record.

               3.          The terms of settlement have been duly verified by the
                                                             2                      85APPLN3387.2026.odt

                             learned Registrar (Judicial) of this Court on 18.08.2026. The affidavit

                             filed on behalf of both the parties clarify the settlement by specifically

                             stating that the parties have amicably settled the dispute and that they

                             do not wish to prosecute the matter against each other. They have also

                             undertaken that, henceforth, they will live peacefully, as cordial relations

                             have been developed between them. It is further stated that the present

                             offence, including the entire criminal case, will be withdrawn from the

                             Courts.

                             4.           Taking into consideration the fact that the parties have

                             settled the dispute amongst themselves and have agreed to withdraw

                             the proceedings, the Application stands allowed in terms of prayer

                             clause ‘B’ thereof. Consequently, the FIR bearing Crime No. 0345 of

                             2023, dated 07.08.2023, registered with Mukundwadi Police Station,

                             Chhatrapati Sambhajinagar, and the consequential proceedings i.e.

                             R.C.C. No. 0076 of 2025, pending before the learned Chief Judicial

                             Magistrate, Chhatrapati Sambhajinagar, are hereby quashed and set

                             aside.

                                                                      [ HITEN S. VENEGAVKAR ]
                                                                               JUDGE

                             SG Punde




Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 03/09/2026 11:37:04

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