Bombay High Court
SAGAR S/O SONERAO BAGDE AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- APPLICATION ALLOWED
Holding
The court allowed the application, permitting withdrawal of the criminal prosecution due to the parties' settlement.
Summary
The applicant, Sagar, sought to withdraw a criminal prosecution against the State of Maharashtra, claiming that the parties had settled a matrimonial dispute. Both parties' counsel confirmed the settlement, and the informant expressed no desire to continue the prosecution. The respondent opposed the application, but the court noted a joint pursis filed in the trial court confirming the settlement. The court found no justification to reject the settlement in a matrimonial matter and allowed the application as per prayer clause ‘B‑1’. Consequently, the prosecution was withdrawn.
Issues considered
- Whether a criminal prosecution can be withdrawn on the basis of a settlement in a matrimonial dispute
- Whether the informant's desire to discontinue the prosecution suffices to quash the case
Subjects
- settlement
- criminal prosecution
- matrimonial dispute
- withdrawal of prosecution
- joint pursis
- High Court of Bombay
Judgment
2026:BHC-AUG:46460-DB
61-APPLN-874-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
61 CRIMINAL APPLICATION NO. 874 OF 2023
Sagar S/o Sonerao Bagde And Others
Versus
The State Of Maharashtra And Another
Mr. N. B. Narwade, Advocate for Applicant
Mr S. P. Joshi, APP for Respondent No. 1
Mr. A. A. Fulfagar, Advocate for Respondent No. 2
CORAM :R.M. JOSHI, J
DATE :OCTOBER 05, 2026
P. C. :
1. Learned Counsels for both sides make statement that parties
have settled the dispute and pursuant to the same, informant does not wish
to continue with the prosecution. Learned Counsel for Informant records no
objection for allowing the application.
2. Learned APP opposed the application.
3. Perusal of the record indicate that a joint pursis has been filed
before the Trial Court, which is marked as ‘X’ for identification in this case,
further confirms the fact of settlement.
4. Since the dispute between the parties is matrimonial and
parties have arrived at settlement, this Court finds no justification not to
accept the settlement.
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61-APPLN-874-2023.odt
5. In view of above, application stands allowed in terms of prayer
clause ‘B-1’.
(R. M. JOSHI, J.)
Malani
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