Bombay High Court
ATUL S/O. BABASAHEB KHILLARIversusTHE STATE OF MAHARASHTRA AND ANR
- Disposal
- DISPOSED OFF
Holding
The writ petition is allowed subject to the petitioner paying Rs.10,000 as cost to the High Court Legal Aid Services Sub‑Committee.
Summary
The petitioner, Atul, filed a criminal writ petition seeking relief after a settlement was reached with the State of Maharashtra. The petitioner’s counsel argued that, per the order dated 07.04.2026, no cost should be imposed because the settlement terms were filed within four weeks. The victim submitted an affidavit confirming the settlement and expressed no desire to prosecute. The respondent’s APP opposed, citing the nature of the crime, but the petitioner voluntarily offered to deposit Rs.10,000. The court, noting the personal nature of the offence and the victim’s waiver, held that the petition could be allowed subject to the petitioner paying Rs.10,000 to the High Court Legal Aid Services Sub‑Committee within four weeks.
Issues considered
- Whether the petitioner is required to pay court costs despite a settlement and the victim’s waiver of prosecution.
- Whether a consent settlement is permissible in a personal criminal offence where the victim does not wish to proceed.
Subjects
- criminal settlement
- victim waiver
- court costs
- personal offence
- writ petition
- legal aid
Judgment
2026:BHC-AUG:40183-DB
970-WP-992-2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
970 CRIMINAL WRIT PETITION NO. 992 OF 2019
Atul S/o. Babasaheb Khillari
VERSUS
The State Of Maharashtra And Anr
Mr. K. N. Shermale, Advocate for the Petitioner
Mr. S. B. Narwade, APP for Respondent No. 1
Mr. Umesh Mote, Advocate for Respondent No. 2
CORAM :R.M. JOSHI, J
DATE :SEPTEMBER 03, 2026
P. C. :
1. Learned Counsel for the Petitioner points out that to the Court
that in view of the order dated 07.04.2026, settlement terms are filed on
record within four weeks. As such, no cost is required to be paid.
2. This Court finds substance in the contention of learned Counsel
for Petitioner, as such, Petitioner is not required to pay/deposit any cost.
3. Learned Counsel for the Petitioner and Respondent No.
2/Informant jointly make statement that parties have settled the dispute.
The victim has filed affidavit confirming the said fact. Since victim does not
wish to proceed against the Petitioner, she records no objection for allowing
the Petition.
4. Learned APP opposed the said submissions by referring to the
nature of crime.
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970-WP-992-2019.odt
5. Learned Counsel for the Petitioner, on instructions, makes
voluntary statement that the Petitioner would deposit sum of Rs.10,000/-
within four weeks.
6. Since offence is in personal nature against victim and victim
itself does not wish to prosecute the same, this Court finds no reason not to
accept the consent terms. Hence, Writ Petition stands allowed in terms of
prayer clauses ‘B’, ‘B1’, ‘B2’ subject to payment of cost of Rs.10,000/-
(Rupees Ten Thousand) by Petitioner to High Court Legal Aid Services Sub-
Committee, Aurangabad within four weeks from today.
(R. M. JOSHI, J.)
Malani
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