VIJAYA NANDU KADAM AND OTHERS v. THE STATE OF MAHARASHTRA AND ANOTHER
APPLN/2770/2023 · 2025-10-09
Shri Mehroz K Pathan, Shri Sandipkumar C More
body2025
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[ 2025 DAILYLAW 25037 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25037 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 918.Cri.Appln.2770-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2770 OF 2023 VIJAYA NANDU KADAM AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ... Advocate for Applicants : Mr. Barhate Patil Avinash N.
APP for Respondent/State : Mr. S.R. Wakale Advocate for Respondent No.2 : Mrs. Rasika Santosh Pathak … CORAM : SANDIPKUMAR C. MORE AND MEHROZ K. PATHAN, JJ. Dated : 9th October 2025 PER COURT :
1. By way of this application, the Applicants are seeking quashment of charge-sheet dated 26.06.2021 arising out of First Information Report bearing Crime No.459/2022 dated 17.11.2022 registered with Shrirampur Taluka Police Station, Ahmednagar for the offence punishable under Section 306 read with 34 of the Indian Penal Code and the subsequent Sessions Case No.57/2023 arising out of the same, on settlement. 2. It is significant to note that during the pendency of this application, the Applicants/accused and Respondent No.2/ Dnyaneshwar Eknath Badak i.e. Informant have placed on record terms of compromise and joint pursis on affidavit, mentioning that they have now decided to bury their dispute by not involving in any 2025:BHC-AUG:28524-DB
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kind of criminal proceeding. Further it appears that Respondent No.2/Informant, who is the brother of the deceased Arun, has agreed not to claim any monetary loss suffered during the pendency of the present proceedings before the trial Court. We have personally verified the terms of the said joint pursis and the terms of compromise which are marked ‘X’ for identification. The Applicants as well as Respondent No.2/Informant have admitted the contents of the said compromise terms. 3. Even on perusal of material on record, it appears that there was a love affair between deceased and the present Applicant No.1 which was subsequently broken off and therefore the deceased committed suicide. In view of the nature of allegations made against the Applicants and the subsequent compromise between the Applicants and the Respondent No.2/Informant, we are of the opinion that continuation of the present proceeding would be an abuse of process of law. 4. As such, the Criminal Application stands allowed in terms of prayer clause ‘B’ and ‘D’.
Accordingly the charge-sheet dated 26.06.2021 arising out of First Information Report bearing Crime No.459/2022 dated 17.11.2022 registered with Shrirampur Taluka Police Station, Ahmednagar for the offence punishable under Section 306 read with 34 of the Indian Penal Code and the subsequent Sessions Case No.57/2023 presently pending before the learned Additional Sessions Judge, Shrirampur, are hereby quashed and set
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aside subject to cost of Rs.25000/- to be paid to the Library of the Government Pleader’s office of the High Court bench at Aurangabad within a period of two weeks. MEHROZ K. PATHAN SANDIPKUMAR C. MORE
JUDGE JUDGE NAJEEB..