Bombay High Court

KRUSHNA JANARDHAN TODKAR AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The court held that the criminal proceedings could be quashed as the parties had reached a valid settlement and the respondent consented to withdraw the case.

Summary

The applicants, Krushna Janardhan Todkar and others, filed a criminal application seeking quash of FIR No. 0205 of 2025 and related proceedings pending before the Judicial Magistrate, Beed. The parties engaged in court‑appointed mediation, resulting in a settlement dated 27.08.2026, wherein the respondent consented to withdraw all criminal cases against each other. The mediation report and the signed terms of compromise were placed before the court. The learned judge considered whether a criminal proceeding could be set aside on the basis of a mutually agreed settlement and the parties' consent. Finding the mediation successful and the settlement valid, the court allowed the application and quashed the FIR and the consequent criminal proceedings. The parties were directed to comply with the terms of compromise.

Issues considered

Whether a criminal proceeding may be quashed on the basis of a settlement and consent of the parties under the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 3(5), 351(2), 352, 85

Subjects

mediation
settlement
quash of criminal proceedings
consent
criminal application
Bharatiya Nyaya Sanhita
withdrawal of FIR

Judgment

2026:BHC-AUG:46385-DB
                                               1                    936APPLN3693.2025.odt

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD
                           936 CRIMINAL APPLICATION NO. 3693 OF 2025
                                 Krushna Janardhan Todkar And Others
                                                VERSUS
                                 The State Of Maharashtra And Another
                                                  ...
               Mrs. Aummaheshwari S. Jadhav h/f Mrs. Rahte Bhavana Durgaprasad -
               Advocate for Applicants
               Mr. K. K. Naik - APP for the State
               Miss Monika V. Boldhane h/f Mr. Hrishikesh V. Tungar - Advocate for
               Respondent No. 2
                                                  ...
                                        CORAM :      HITEN S. VENEGAVKAR, J.
                                        DATED :      01ST OCTOBER, 2026
               PER COURT :

               1.          Heard the learned Advocate for Respondent No. 2.

               2.          The learned Advocate for Respondent No. 2 submits that
               the parties have amicably settled the dispute amongst themselves and
               the consent terms have also been drawn up before the Mediator, who
               was appointed by this Court.

               3.          I am in receipt of the Mediation Report dated 27.08.2026,
               which states that the mediation has been successful. The Mediation
               Report also carries a copy of the Settlement Terms between the parties.
               In the said Settlement Terms, among all the other terms, one of the
               terms clearly mentions that parties shall withdraw all the cases, which
               have been filed by them against each other. It is also stated that, on the
               basis of the Terms of Compromise and the assurance given by Applicant
               No. 1, Respondent No. 2 has voluntarily consented to the quashing of
               C.R. No. 205 of 2025 and the consequential proceedings in respect of
               R.C.C. No. 1013 of 2025, pending on the file of the learned Judicial
               Magistrate First Class at Beed. The consent terms are dated 27.08.2026
               and are signed by the parties and their respective Advocates.
                                   2                        936APPLN3693.2025.odt

4.             Taking into consideration the successful mediation and the
Terms of Compromise between the parties, and in addition thereto, the
statement of the learned Advocate for Respondent No. 2 in respect of the
settlement between the parties and consent for withdrawing the
criminal proceedings in question in the present application, I am
inclined to allow the Criminal Application and quash the criminal
proceedings against the Applicants. Hence, I pass the following order:-

                                    ORDER

     [i]     The Criminal Application is allowed.

     [ii]    The FIR bearing Crime No. 0205 of 2025, registered with
             Neknoor Police Station, District Beed, for the offences
             punishable under Sections 85, 115(2), 352, 351(2), 3(5) of
             the   Bharatiya   Nyaya     Sanhita,   2023,     along   with   the
             consequential proceedings in respect of R.C.C. No. 1013 of
             2025, pending on the file of the learned Judicial Magistrate
             First Class, Beed, stands quashed and set aside.

     [iii]   The parties shall abide by and duly perform their respective
             obligations   under   the    “Terms    of   Compromise”       dated
             27.08.2026.



                                            [ HITEN S. VENEGAVKAR ]
                                                     JUDGE

SG Punde

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