Bombay High Court
SHAILENDRA SHIVAJIRAO DHAMDHERE AND ANRversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Allowed
Holding
The court held that the execution of the settlement agreement and the consent of the victim's mother and wife justify quashing the FIR and the criminal proceedings.
Summary
The petitioners, who were managers at a firm where the deceased was employed as a housekeeper, were charged under Sections 304A and 337 of the Indian Penal Code after the victim died from injuries sustained on an old machine. The petitioners filed a writ petition seeking to quash the FIR, relying on a settlement agreement in which the victim's mother and wife each received Rs. 9 lakhs and consented to the termination of the criminal proceedings. The mother filed an affidavit of consent, and the wife, though remarried and untraceable, was also deemed to have consented through the settlement. The court examined the settlement documents and found no impediment to granting the relief. Consequently, the court allowed the petition, quashed the FIR, and disposed of the petition.
Issues considered
- Whether a settlement agreement and consent of the victim's mother and wife can be a ground to quash criminal proceedings under Sections 304A and 337 IPC.
Legislation cited
- Indian Penal Code — s. 304A, 337
Subjects
- quash
- settlement agreement
- compromise
- criminal proceeding
- IPC 304A
- IPC 337
- victim consent
Judgment
50. CRI WP -4163-25.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 4163 OF 2025
Shailendra Shivajirao Dhamdhere & Anr. .. Petitioners
Versus
The State of Maharashtra & Anr. .. Respondents
....................
Ms. Sneha S. Bhange a/w Ms. Vishruti Tari & Mr. Sumedh Nath,
Advocates for Petitioners
Mr. Yogesh M. Nakhwa, APP for State
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 30, 2026
P. C.:
1. Heard Ms. Bhange, learned Advocate for Petitioners and Mr.
Nakhwa, learned APP for State.
2. Present Petition is filed seeking quashing and setting aside of the
FIR and the consequential proceedings, if any, arising therefrom.
3. Petitioners are arraigned as accused in the present crime. The
victim was working as an employee in the company where Petitioners
were managers. They have been arrayed as accused because while
working as a housekeeper, the victim met with an accidental mishap
under an old machine resulting in head injury and during treatment,
succumbed to his injuries. FIR was filed and investigation was
launched.
1 of 3
50. CRI WP -4163-25.odt
4. Ms. Bhange would draw my attention to the settlement
agreement between the business firm of the contractor who had
employed the victim and the mother and wife of the victim, copy of
which is appended at page 27 of the Petition. I have perused the
agreement, reading of which prima facie shows that substantial
amounts were received by the wife and the mother of the deceased
victim for settling the dispute.
5. Ms. Bhange would inform the court that wife of the deceased
victim has already remarried and is not traceable despite efforts made
by them. The mother of the deceased victim has filed affidavit of
consent dated 25.09.2025. Same is placed before me wherein it is
stated that she and the wife of the deceased victim had received a
handsome amount of Rs. 9 Lakhs each under the settlement
agreement and do not have any objection for quashing of the present
criminal proceeding.
6. I have perused the material placed on record. In view of the
aforesaid and the settlement agreement having been executed and
fructified, there can be no impediment in allowing the present
Petition. Hence, Petition is allowed in terms of prayer clause (a) which
reads thus:-
"(a) This Hon'ble Court be pleased to allow the present Petition and
quash the FIR No. 0068 dated 03.02.2025 registered with the
Shikrapur Police Station, District Pune for the offences punishable
2 of 3
50. CRI WP -4163-25.odt
under Section 304(A) and 337 of Indian Penal Code filed against the
present Petitioners by Respondent No. 2."
7. Petition is allowed and disposed.
Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
AMBERKAR
MOHAN Date:
AMBERKAR 2026.10.01
11:18:11
+0530
3 of 3
Checking your session…