1 apl2145.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO.2145 OF 2026 1. Ratnakar s/o Renukdas Sawarkar Aged about 61 years, Occ: Agriculturist, 2. Rohan s/o Ratnakar Sawarkar Aged 31 years, Occ: Agriculturist Applicant nos.1 and 2, R/o Ram Nagri, Kalamb, Tq. Kalamb, Distt. Yavatmal. 3. Pravin S/o Pandurang Pimpalkar Aged about 45 years, Occ: Agriculturist R/o Swapna Nagri, Kalamb, Tq. Kalamb, Distt. Yavatmal. 4. Ashwini Akshay Gaikwad, Aged about 25 years, Occ: Labour 5. Sadhana Suresh Gaikwad, Aged about 47 years, Occ: Labour 6. Kavita Rahul Lohwe Aged about 47 years, Occ: Labour Applicant no.s4 to 6, R/o At Post Durug, Kalamb, Tq. Kalamb, Distt. Yavatmal. ...APPLICANTS ...V E R S U S… 1. The State of Maharashtra, through Police Station Officer, Police Station, Kalamb, Tq. Kalamb, Dist. Yavatmal. 2. Bharti Rajendra Sawarkar, Aged about 35 years, Occ: Household At Post Sawargaon, Tq. Kalamb, Distt. Yavatmal. ...NON-APPLICANTS 2026:BHC-NAG:12606 2 apl2145.26.odt ------------------------------------------------------------------------------------------- Shri F.T. Mirza, Senior Advocate a/b Ms Shaad Mirza and Shri Paresh Thakur, Advocates for applicants. Shri I.J. Damle, APP for non-applicant no.1/State. Shri N.Z. Mirza, Advocate for non-applicant no.2. ------------------------------------------------------------------------------------------- CORAM:- M.W. CHANDWANI, J. DATE :- 22.09.2026 ORAL JUDGMENT: 1. Admit. 2. The applicants seek quashing of the First Information Report bearing Crime No.0350/2021 dated 25.06.2021 registered with Police Station, Kalamb, District Yavatmal for the offences punishable under Sections 420, 467, 468 read with Section 34 of the Indian Penal Code, 1860 and Charge-sheet No.80/2022 dated 15.07.2022 filed in Regular Criminal Case No.68/2022 before Judicial Magistrate First Class, Kalamb on account of settlement. 3. The charge-sheet depicts that non-applicant no.2/complainant is the niece of applicant no.1, the sister of applicant no.2 and a relative of the other applicants. She claims to have a share in the agricultural land situated at village Chincholi by way of inheritance. However, the applicants got the names of non-applicant no.2, her mother and her paternal aunt deleted by 3 apl2145.26.odt preparing a false relinquishment deed. On her complaint, the aforesaid offences came to be registered against the applicants. 4. The complainant and the victims namely, Nanda Vinayakrao Kshirsagar alias Nanda Renukdas Sawarkar and Sunanda Rajendra Sawarkar have appeared through their counsel. They are personally present in the Court today. Learned counsel for the complainant, and the victims tendered across the bar, the affidavit of the complainant, the vakalatnama and the affidavits of the other two victims, which is taken on record and marked as “X”, “X1”, “X2” and “X3” respectively for identification. It is contended in the affidavits that the matter has been amicably settled between the parties. It is further contended in the affidavit of the complainant that she has received the share of her father as well as her mother in the said agricultural land. The complainant further contends in her affidavit that she does not want to prosecute the applicants and she has no objection if the FIR and the consequential proceedings are quashed. The victims have reiterated the contents of their respective affidavits and submit that they have no objection if the FIR and consequential proceedings are quashed. 4 apl2145.26.odt 5. The dispute appears to be a family discord arising out of partition and claim of the respective shares. Both the parties have settled their dispute out of the Court to maintain cordial relations and to keep harmony in the family. 6. A reference can be made to the decision in the case of Narinder Singh and Others Vs. State of Punjab and Another, [(2014) 6 SCC 466], wherein the Supreme Court has observed as under : “29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure : (i) ends of justice, or (ii) to prevent abuse of the process of any court. While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives. ….. 29.4. On the other hand, those criminal cases having overwhelmingly and predominatly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves. 29.5. While exercising its powers, the High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases.” 5 apl2145.26.odt 7. No doubt, the offence is non-compoundable, however considering the fact that the parties have settled their disputes out of the Court and the complainant and other victims have no objection to quash the proceedings, continuation of the proceedings may become a hindrance in maintaining cordial relations in the family. The parties have amicably settled their dispute to maintain harmony and peace between themselves and thus, the possibility of the prosecution culminating into conviction is bleak. 8. In view of the above, a case is made out for exercising the inherent powers of this Court to quash the FIR. Hence, the following order is passed: i. The criminal application is allowed. ii. First Information Report bearing Crime No.0350/2021 dated 25.06.2021 registered with Police Station, Kalamb, District Yavatmal for the offences punishable under Sections 420, 467, 468 read with Section 34 of the Indian Penal Code, 1860 and Charge-sheet No.80/2022 dated 15.07.2022 filed in Regular Criminal Case No.68/2022 before Judicial 6 apl2145.26.odt Magistrate First Class, Kalamb are hereby quashed and set aside against the applicants subject to the applicants depositing costs of ₹10,000/- (Rupees Ten Thousand Only) to “Public Welfare Fund” with Union Bank of India, High Court Branch, Nagpur having Account No.129712010001014 and IFSC Code UBIN0812978 within a period of two weeks from the date of this order. iii. The application stands disposed of. (M.W. CHANDWANI J.) Wagh Signed by: Mr. S.R. Wagh Designation: PA To Honourable Judge Date: 23/09/2026 18:23:31