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2025 DAILYLAW 32104 (BOM)

SATISH RAMESH SOLUNKE v. THE STATE OF MAHARASHTRA AND ANOTHER

APPLN/4164/2022 · 2025-09-24

Shri Hiten S Venegavkar, Smt Vibha Kankanwadi

Civil Appealbody2025

Judgment text

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1-appln-4164-2022.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4164 OF 2022 Satish Ramesh Solunke Age: 33 years, Occu.: Business, R/o. Flat No.4, Jay Ganesh Apartment, Ghrushneshwar Colony, Mayur Park, Harsool Parisar, Tq. And Dist. Aurangabad. .. Applicant Versus 1. State of Maharashtra Through Cantonment Police Station, Aurangabad, Tq. And Dist. Aurangabad. 2. X. Y. Z. .. Respondents … Mr. K. P. Rodge, Advocate for the applicant. Mr. G. A. Kulkarni, APP for respondent No.1/State. Mr. A. N. Patil, Advocate for respondent No.2. ... CORAM : SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ. DATE : 24 SEPTEMBER 2025 ORDER : . Present application has been filed for quashment of the proceedings in Sessions Case No.123 of 2022, pending before the learned Sessions Judge, Aurangabad arising out of the FIR vide Crime No.159 of 2021 dated 07.04.2021 registered with Cantonment Police Station, District Aurangabad for the offences punishable under Sections 366, 376, 380, 403, 406, 420, 465, 468, 471, 498-A of Indian Penal [1] 2025:BHC-AUG:27104-DB 1-appln-4164-2022.odt Code. 2. Learned Advocate for the applicants and learned Advocate for respondent No.2 submit that the matter has been compromised between the applicants and respondent No.2 before the learned District and Sessions Judge, Aurangabad. The photocopy of the compromise in Miscellaneous Civil Appeal No.17 of 2022 has been produced. In the said compromise, it is stated that applicant No.1 would pay amount of Rs.17,00,000/- (Rupees Seventeen Lakh only) to respondent No.2/wife and son, as one time settlement with the mutual consent of respondent No.2. In view of one time settlement, the applicant No.1 and respondent No.2 agreed to take back the complaints/criminal cases or civil cases filed against each other and the family members. The settlement terms have been accepted and verified before the learned District and Sessions Judge, Aurangabad on 13.04.2022. 3. In view of the fact that the compromise terms have been verified before the competent Court, in which respondent No.2 has specifically accepted that she would give no objection for withdrawal of the allegations in criminal matters also, we take it to be the no objection for quashing FIR and the proceedings. However, since the parties have utilized the machinery, we impose cost on the applicants. Hence, we proceed to pass the following order :- [2] 1-appln-4164-2022.odt ORDER I) Criminal Application stands allowed. II) The proceedings in Sessions Case No.123 of 2022, pending before the learned Sessions Judge, Aurangabad arising out of the FIR vide Crime No.159 of 2021 dated 07.04.2021 registered with Cantonment Police Station, District Aurangabad for the offences punishable under Sections 366, 376, 380, 403, 406, 420, 465, 468, 471, 498-A of Indian Penal Code, stands quashed and set aside as against the present applicants. III) Applicants to deposit cost of Rs.25,000/- with the High Court Legal Service Sub Committee, Aurangabad within a period of two weeks from today. IV) Place the matter for compliance on 15.10.2025. [ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm [3]