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
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 351(2), 351(3), 352, 85
- Hindu Marriage Act — s. 13-B
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.
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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.
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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
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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.
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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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