Bombay High Court
SANJEEVANI BALASAHEB PUND AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- APPLICATION ALLOWED
Holding
The court held that where the parties have amicably settled the dispute and the complainant has withdrawn the complaint, the FIR and related criminal proceedings may be quashed.
Summary
The applicants filed a criminal application seeking the quashing of FIR No. 0990/2025 registered at Rahuri Police Station for offences under the Bharatiya Nyaya Sanhita, 2023. During the pendency of the application the parties reached an amicable settlement, verified by the Registrar and recorded in a joint consent affidavit. Respondent No. 2, the wife, also filed a mutual‑consent divorce petition under Section 13‑B of the Hindu Marriage Act and agreed to withdraw the criminal complaint, having received the disputed gold ornaments. The court examined the settlement and the withdrawal and held that the criminal proceedings could be set aside. Accordingly, the FIR, the charge‑sheet, the order taking cognizance and the pending criminal case were quashed and the application was allowed.
Issues considered
- Whether an FIR and pending criminal proceedings may be quashed on the basis of an amicable settlement between the parties and the complainant’s withdrawal of the complaint.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 3(5), 351(2), 352, 85
- Hindu Marriage Act — s. 13-B
Subjects
- quash FIR
- amicable settlement
- withdrawal of complaint
- criminal procedure
- Bharatiya Nyaya Sanhita
- Hindu Marriage Act
- mutual consent divorce
Judgment
2026:BHC-AUG:41571-DB
1 925APPLN4572.2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
925 CRIMINAL APPLICATION NO. 4572 OF 2025
Sanjeevani Balasaheb Pund And Others
VERSUS
The State Of Maharashtra And Another
...
Mr. S. A. Gaikwad - APP for the State
Mr. Rahul Patil – Advocate for Respondent No. 2
...
CORAM : HITEN S. VENEGAVKAR, J.
DATED : 04TH SEPTEMBER, 2026
PER COURT :
1. The present application has been filed seeking quashing of
FIR bearing No. 0990/2025, dated 4th September 2025, registered with
Rahuri Police Station, District Ahilyanagar, for offences punishable under
Sections 115(2), 3(5), 351(2), 352 and 85 of the Bharatiya Nyaya
Sanhita, 2023, and the consequential proceedings arising therefrom,
including the filing of the charge-sheet, the order taking cognizance and
R.C.C. No. 519/2025 pending before the learned Judicial Magistrate
First Class, Rahuri.
2. The record indicates that, during the pendency of the
application, the informant and the applicants have made efforts to
amicably settle the entire dispute amongst themselves. In view of the
above, the parties were relegated to the Registrar (Judicial) of this
Court.
2 925APPLN4572.2025.odt
3. Upon verification of the terms of settlement, the learned
Registrar (Judicial) has submitted a report dated 31.07.2026, wherein it
is recorded that the matter has been settled and that the consent and
credentials of the parties have been verified. The report is accompanied
by copy of the joint consent affidavit filed by Respondent No. 2 and the
newly added Applicant No. 10, who has represented Applicant Nos. 1 to
9 as well as himself.
4. It is agreed between the parties that the dispute has been
amicably settled. Respondent No. 2-wife has filed a petition for divorce
by mutual consent under Section 13-B of the Hindu Marriage Act before
the Family Court at Beed. The terms of settlement have been
incorporated in paragraph 7 of the said petition for divorce by mutual
consent, and the parties are ready and willing to abide by the same.
5. The learned Advocate also submits that Respondent No. 2
has agreed to withdraw the complaint filed against the present
applicants at Rahuri Police Station, which is the present impugned
complaint, as well as the proceedings pending before the Rahuri Court.
She has also stated that she has received the gold ornaments from her
husband and that there is nothing that remains to be given or returned.
Taking into consideration the fact that the parties have already
separated, and also taking into consideration the joint consent affidavit
filed by the parties before this Court, this Court proceeds to allow the
3 925APPLN4572.2025.odt
application. Hence, the following order:
ORDER
[i] The application is allowed in terms of prayer clause ‘a’
thereof, in view of the amicable settlement arrived at
between the parties, as recorded in the joint consent
affidavit filed by Respondent No. 2 and the newly added
Applicant No. 10.
[ii] FIR bearing No. 0990/2025, dated 4th September 2025,
registered with Rahuri Police Station, District Ahilyanagar,
for offences punishable under Sections 115(2), 3(5),
351(2), 352 and 85 of the Bharatiya Nyaya Sanhita, 2023,
and the consequential proceedings arising therefrom,
including the charge-sheet, the order taking cognizance and
R.C.C. No. 519/2025 pending before the learned Judicial
Magistrate First Class, Rahuri, stand quashed and set aside.
[iii] The joint consent affidavit filed by Respondent No. 2 and
the newly added Applicant No. 10 is taken on record.
[iv] No order as to costs.
[ HITEN S. VENEGAVKAR ]
JUDGE
SG Punde
Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 09/09/2026 18:29:14
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