1 913.APL.1266-2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO. 1266 OF 2025 ( Shadab S/o Ismail Khan Vs. State of Maharashtra, Thr. P.S.O., P.S. Beltarodi, Nagpur & Anr. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. P.S. Chawhan, Advocate for the Applicant. Mr. N.H. Joshi, APP for the Non-applicant No.1/State. Mr. A.P. Modak, Advocate for the Non-applicant No.2. CORAM: URMILA JOSHI-PHALKE AND NANDESH S. DESHPANDE, JJ. DATED : 19th SEPTEMBER, 2025 1. The present Application is preferred by the Applicant for quashing of the FIR in connection with Crime No. 91/2018 registered with Police Station, Beltarodi, Nagpur under Sections 468, 471, 420 read with Section 34 of the Indian Penal Code and Section 82 of the Registration Act. 2. The allegations levelled against the present Applicant in the FIR are that the Applicant and his deceased father fraudulently obtained the thumb impression of his deceased mother during her lifetime and executed one release dead, and therefore, grabbed the share of the Non-applicant No.2. During the pendency of this Application, the Applicant and the Non-applicant No.2 settled the dispute and the settlement terms are on record. The affidavit of the Non-applicant No.2 is also on record which shows that, they have amicably resolved their dispute and executed the Terms 2025:BHC-NAG:9504-DB 2 913.APL.1266-2025.odt of “Memorandum of Understanding”, whereby they have agreed to put a quietus to all disputes arising from the aforesaid crime and criminal proceedings. The Non-applicant No.2 has no objection for quashing of Charge-sheet No.59/2020 registered as Regular Criminal Case No. 2142/2020 pending before the 8th Judicial Magistrate First Class, Nagpur. 3. Both the parties are present before this Court. They have submitted that the FIR came to be lodged out of misunderstanding. Now they have already settled the dispute. 4. In view of the observations of the Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab, reported in (2012) 10 SCC 303, wherein the Court observed that where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled, although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored, securing the ends of justice being the ultimate guiding factor. In this regard, a specific reference was made to offences arising out of matrimony, particularly relating to dowry, etc. or a family dispute, where the wrong is basically to the victim but the offender and the 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 3 913.APL.1266-2025.odt proceeding or criminal complaint or FIR if it is satisfied that on the face of such settlement, there is hardly any likelihood of the offender being convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated. 5. In view of the above observations, in the present case also, as both the parties have already settled the dispute, and therefore, no purpose would be served by forcing the Applicant to face the trial. In view of that, the Application deserves to be allowed. Accordingly, we proceed to pass the following order. O R D E R i. The Application is allowed. ii. The First Information Report bearing Crime No.91/2018 as well as Charge-sheet bearing No.59/2020 registered as Regular Criminal Case No. 2142/2020 pending before the 8th Judicial Magistrate First Class, Nagpur are hereby quashed, subject to the cost at the rate of Rs.20,000/- (Rs. Twenty Thousand Only) each for the Applicant and Non-applicant No.2 to be paid to the High Court Bar Association, Nagpur. 6. Pending application/s, if any, shall stand disposed of accordingly. (NANDESH S. DESHPANDE, J.) (URMILA JOSHI-PHALKE, J.) SD. Bhimte