(1) appln-2929-2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2929 OF 2025 SAMADHAN S/O BHAGWAN KAKADE AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND ANOTHER … Ms. Sunita R. Shinde, Advocate for the Applicants. Mr. C. V. Bhadane, AGP for Respondent No.1. Mr. M. B. Ubale, Advocate for Respondent No.2. … CORAM : S. G. CHAPALGAONKAR, J. DATED : 17th JUNE, 2026. P.C.:- 1. The applicants seeks to quash FIR No.118/2025 dated 31.03.2025 registered with Jawaharnagar Police Station, Aurangabad, District Aurangabad for offences punishable under Sections 85, 115, 352, 351(2), 3(5) of Bhartiya Nyaya Sanhita, 2023 and Sections 3 and 4 of Dowry Prohibition Act. By way of amendment, prayer is incorporated to quash and set aside cognizance order and consequential proceeding in Regular Criminal Case No.1618/2025 pending before Judicial Magistrate First Class, Aurangabad. 2. Today, learned Advocate appearing for applicants and respondents no.2 made joint submission that parties have arrived at amicable settlement of dispute and wish to tender terms of settlement/affidavit on record of this Court. Accordingly, they have relegated to Registrar (Judicial) of this Court. The report of Registrar (Judicial) is placed before this Court, which suggests that 2026:BHC-AUG:23898-DB (2) appln-2929-2025.odt respondents no.2 wife has filed affidavit and affirms contents thereof. 3. Perusal of affidavit shows that parties have amicably settled dispute. The applicant husband agreed to pay amount of Rs.3,50,000/- towards full and final maintenance to wife. Accordingly, parties have filed petition for divorce by mutual consent before Family Court at Aurangabad vide Case No.Petition- F/135/2026. Parties are personally present before this Court and affirmed terms of aforesaid settlement. 4. At this stage, reference can be given to observations of Supreme Court in case of Narinder Singh Vs. State of Punjab and Ors.1, which reads thus: “certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc. or the family dispute, where the wrong is basically to victim and the offender and victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable, the High Court may within the framework of its inherent power, quash the criminal proceeding or criminal complaint or F.I.R if it is satisfied that on the face of such settlement, there is hardly any likelihood of offender being convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated.” 5. In light of aforesaid exposition of law and looking to fact that matrimonial dispute between applicant no.1 and respondent no.2 is 1 (2014) 6 SCC 466. (3) appln-2929-2025.odt amicably settled and they have decided to separate from each other, continuation of criminal proceedings against applicant would cause hardship to him. No purpose would serve if trial is permitted to go on. As such, case is made out to exercise inherent powers to quash and set aside FIR and consequential criminal proceeding. 6. In that view of matter, Criminal Application is allowed in terms of prayer Clauses (B) and (C-1). (S. G. CHAPALGAONKAR) JUDGE Devendra/June-2026