977appln166-26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 977 CRIMINAL APPLICATION NO. 166 OF 2026 Bhaiyyasaheb Tukaram Patil And Others VERSUS The State Of Maharashtra And Another ... Mr. Chaudhari Dhananjay Rajendra, Advocate for the Applicants Mr. D. J. Patil, APP for the Respondent-State Mr. Jitendra S. Jain, Advocate for Respondent No.2 ( Appointed) CORAM : HITEN S. VENEGAVKAR, J. Dated : 11th September, 2026 PER COURT :- 1. Heard learned Advocate for the Applicants and learned Advocate appearing for respondent no.2-complainant. 2. At the outset, the learned APP submits that the original complainant-Wife had lodged two First Information Reports, bearing Crime Nos. 90 of 2015 registered with Dhule Police Station, District Dhule and second bearing Crime No. 43 of 2015 Yawal Police Station Dist. Jalgaon for the offences punishable under sections wherein similar set of allegations were made. The only distinct is that the present applicant Nos. 1, 2 and 3 were made accused in the second FIR and applicant nos. 4, 5 and 6 were added along with applicant nos. 1, 2 and 3 in the first FIR i.e. Crime No. 90/2015. The nature of allegations in both the FIRs are similar and same facts were stated. He submits that the trial, in pursuance of the second FIR i.e. Crime No. 43 of 2015 was concluded before the learned JMFC, Yawal, District Jalgaon and all the 1 of 3 2026:BHC-AUG:42427 977appln166-26 applicants have been acquitted on the basis of compromise pursis. The learned Advocate for the Applicant invites my attention to the order dated 12.03.2020. The order specifically records the reasons of acquittal and also the observations pertaining to the evidence led before the said trial Court by the respondent-wife who was PW-2- Pratibha wherein, she had rescinded from supporting the prosecution story. The learned Advocate for the applicants also submits that the parties had entered into settlement and settlement pursis was filed before the learned JMFC, Yawal, informing that they are happily cohabiting together and the applicant does not want to pursue the said criminal proceedings. 3. The learned Advocate appearing for the respondent no.2- complainant does not dispute the aforesaid fact. He, however, submits that presently, the parties are not residing together and they are residing separately. However, there is no fresh complaint or allegation as on today to his knowledge about any new FIR of proceeding lodged between the parties. 4. The most important aspect that is to be taken into consideration that there were two FIRs on the similar set of allegations lodged by the respondent-wife with different police stations, due to which two different proceedings were adopted against the applicants. Further more, one of the proceedings on the similar set of allegations have led into acquittal. Even the record suggests that the parties have settled among themselves and compromise to that effect was filed 2 of 3 977appln166-26 before the Court of law. In the interest of justice and by taking commutative view of the matter, when the second FIR was entertained and has led into acquittal, then the FIR which based on the similar set of allegations cannot sustain. On this ground alone, the application deserves to be allowed. Hence, the following order: O R D E R (a) Criminal application stands allowed. (c) First Information Report bearing Crime No 90 of 2015 dated 16.04.2015 registered with Dhule Police Station, District Dhule for the offences punishable under Sections 498-A, 323, 406, 504, 506 read with 34 of the Indian Penal Code and consequential proceeding bearing Regular Criminal Case No. 278 of 2015 pending on the file of learned Judicial Magistrate, First Class, Dhule along-with the order taking cognizance dated 16.06.2015 passed in the above referred criminal case are hereby quashed and set aside. (d) No order as to costs. (c) Fees of the appointed Advocate is quantified to Rs.7,500/- (Rupees Seven Thousand Five Hundred only) to be paid by the Legal Services Sub Committee, High Court, Aurangabad. (HITEN S. VENEGAVKAR, J.) JPChavan 3 of 3