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Bombay High Court

HRISHIKESH BALASAHEB NIKAMversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
APPLICATION ALLOWED

Holding

The court quashed the FIR, charge‑sheet and all consequential criminal proceedings, allowing the applications and writ petition on the ground of the parties' settlement and consent.

Summary

The husband, his brother‑in‑law, and other relatives of the informant filed criminal applications and a writ petition seeking quashing of FIR No. 1000 of 2024 and all consequent criminal proceedings under the Bharatiya Nyaya Sanhita, 2023. The parties had reached an amicable settlement, documented in a consent decree filed before the Pune Family Court, which included a clause for withdrawal of all pending litigation and unconditional consent to quash the criminal matters. The court examined the settlement terms and noted that the informant had agreed to withdraw the cases and consent to quashing. Relying on the parties’ settlement and the absence of any public interest that would be harmed, the court allowed the applications and writ petition. Consequently, the FIR, charge‑sheet, and related proceedings, including the pending RCC, were quashed and set aside.

Issues considered

  • Whether an FIR and pending criminal proceedings can be quashed on the basis of an amicable settlement and unconditional consent of the parties.
  • Whether the settlement terms and withdrawal of related civil suits justify the dismissal of criminal charges under the Bharatiya Nyaya Sanhita.

Legislation cited

Subjects

  • quashing of FIR
  • settlement agreement
  • consent decree
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Hindu Marriage Act
  • family dispute
  • withdrawal of cases

Judgment

2026:BHC-AUG:41408
                                                1                    926APPLN857.2026.odt

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                            926 CRIMINAL APPLICATION NO. 857 OF 2026

                                       Hrishikesh Balasaheb Nikam
                                                 VERSUS
                                 The State Of Maharashtra And Another
                                                    ...
               Mr. Sushant V. Dixit - Advocate for Applicant
               Mr. K. K. Naik - APP for the State
               Mr. Dattatraya Rambhau Markad - Advocate for Respondent No. 2
                                                    ...

                                              AND
                              CRIMINAL APPLICATION NO. 860 OF 2026

                                  Aditya Balasaheb Nikam and another
                                                VERSUS
                                 The State Of Maharashtra And Another
                                                   ...
               Mr. Sushant V. Dixit - Advocate for Applicants
               Mr. K. K. Naik - APP for the State
               Mr. Dattatraya Rambhau Markad - Advocate for Respondent No. 2
                                                   …

                                             AND
                             CRIMINAL WRIT PETITION NO. 188 OF 2025

                                   Shubhangi Balasaheb Nikam & Ors.
                                                VERSUS
                                 The State Of Maharashtra And Another
                                                   ...
               Mr. Sushant V. Dixit - Advocate for Applicants
               Mr. K. K. Naik - APP for the State
               Ms A. P. Pansare - Advocate (appointed) for Respondent No. 2 is absent
                                                   ...

                                        CORAM :      HITEN S. VENEGAVKAR, J.
                                        DATED :      04TH SEPTEMBER, 2026

               FINAL ORDER : -
               1.           Criminal Writ Petition No. 188 of 2025 is not on board. At

               the request of the learned Advocate for the Petitioners, the same is taken

               on board.
                                  2                   926APPLN857.2026.odt




2.           Heard the learned Advocate for the Applicants/Petitioners,

the learned APP for the State and the learned Advocate for the

Informant.


3.           At the outset, it is submitted that Criminal Application No.

860 of 2026 has been filed by the brother-in-law and his wife, Criminal

Application No. 857 of 2026 has been filed by the husband himself, and

Criminal Writ Petition No. 188 of 2025 has been filed by the father-in-

law, mother-in-law, cousin sister-in-law and cousin father-in-law of the

Informant.


4.           The Applications/Petition are filed seeking quashing of FIR

bearing C.R. No. 1000 of 2024, dated 17.12.2024, registered with

Shevgaon Police Station, Ahilyanagar, for the offences punishable under

Sections 115(2), 351(2), 351(3), 352 and 85 of the Bharatiya Nyaya

Sanhita, 2023.


5.           The learned Advocate for the Applicants/Petitioners submits

that the charge-sheet has already been filed and that the learned Trial

Court has taken cognizance thereof by order dated 27 th March 2025 in

R.C.C. No. 12 of 2025, pending before the learned Judicial Magistrate

First Class, Shevgaon. He, therefore, submits that, in view of the

settlement between the parties, all consequential proceedings arising out

of the said FIR are also liable to be quashed.
                                     3                       926APPLN857.2026.odt

6.            The learned Advocates for the respective parties jointly

submit that the dispute between the Applicants/Petitioners and the

Informant has been amicably settled out of Court. The terms of

settlement/consent terms have been drawn and executed before the

learned Family Court at Pune. It is further submitted that proceedings

for divorce by mutual consent under Section 13-B of the Hindu Marriage

Act have also been instituted before the learned Family Court at Pune.


7.            A perusal of the consent terms shows that the parties have

settled their disputes on the terms and conditions mentioned therein.

The relevant clause pertaining to withdrawal of the pending proceedings

reads thus:


     VI.   That, after depositing the aforementioned DD of Rs 25,00,000/- in
           the Nazar custody the Petitioner shall withdraw within 15 days the
           Cases filed before Hon’ble Bombay High Court i.e. Writ Petition No.
           26207/2024, FCA 77/2022 before Aurangabad High Court, PWDVA
           Application 51/2023, PWDVA Application – 632/2023 filed before
           Hon’ble J.M.F.C., Pune filed by the mother of Petitioner without any
           demeanour. The R.C.S. No. 481/2023 filed by Father of Petitioner
           before Hon’ble C.J.S.D. Pune shall be withdrawn by Father of
           Petitioner without any demeanour.     Similarly within 15 days the
           Respondent shall withdraw the Cases filed before Hon’ble Bombay
           High Court, i.e. Writ Petition No. 3287/2024, Writ Petition No.
           3183/2025, Cri.M.A. 2009/2022 before Hon’ble J.M.F.C. Pune and
           RCC 116/2025 before Hon’ble J.M.F.C. Shevgaon, without any
           demeanour and have to give consent for the quashing petition
           without obstructing in Writ Petition 188/2025, Writ Petition
           860/2026, Writ Petition 857/2026 before Hon’ble Aurangabad High
           Court without any demeanour and consent will be given by
           Respondent unconditionally.   That all the above-mentioned cases
                                        4                        926APPLN857.2026.odt

             shall be withdrawn by both the parties within 15 days from the date
             of depositing of DD by the Petitioner in Nazar custody of this Hon’ble
             Court.

8.              The aforesaid        clause of the consent terms clearly

demonstrates that the parties have amicably settled their disputes and

have agreed to withdraw the pending litigation between them. The

present proceedings are also specifically referred to in the consent terms,

and the Informant has agreed to give her unconditional consent for

quashing of the present proceedings.


9.              Taking into consideration the fact that the parties have

amicably settled the entire dispute between themselves, and considering

the terms of settlement arrived at between them, I am inclined to allow

the present Criminal Applications and the Criminal Writ Petition.


10.             Accordingly, Criminal Application No. 857 of 2026 is

allowed in terms of prayer clause ‘a’ to ‘c’, Criminal Application No. 860

of 2026 is allowed in terms of prayer clauses ‘a’ to ‘c’, and Criminal Writ

Petition No. 188 of 2025 is allowed in terms of prayer clause ‘a’, ‘A-1’

and ‘A-2’.


11.             The FIR bearing C.R. No. 1000 of 2024, dated 17.12.2024,

registered with Shevgaon Police Station, Ahmednagar, and charge-sheet

and all consequential proceedings arising therefrom, including R.C.C.

No. 12 of 2025 pending before the learned Judicial Magistrate First

Class, Shevgaon, stand quashed and set aside.
                                                            5                   926APPLN857.2026.odt

                             12.         The Criminal Applications and Criminal Writ Petition stand

                             disposed of accordingly.


                                                                  [ HITEN S. VENEGAVKAR ]
                                                                           JUDGE

                             SG Punde




Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 08/09/2026 17:59:55


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