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2026 DAILYLAW 13257 (BOM)

SHAILENDRA SHIVAJIRAO DHAMDHERE AND ANR v. THE STATE OF MAHARASHTRA AND ANR

WP/4163/2025 · 2026-09-30

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Judgment text

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50. CRI WP -4163-25.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4163 OF 2025 Shailendra Shivajirao Dhamdhere & Anr. .. Petitioners Versus The State of Maharashtra & Anr. .. Respondents ....................  Ms. Sneha S. Bhange a/w Ms. Vishruti Tari & Mr. Sumedh Nath, Advocates for Petitioners  Mr. Yogesh M. Nakhwa, APP for State ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 30, 2026 P. C. : 1. Heard Ms. Bhange, learned Advocate for Petitioners and Mr. Nakhwa, learned APP for State. 2. Present Petition is filed seeking quashing and setting aside of the FIR and the consequential proceedings, if any, arising therefrom. 3. Petitioners are arraigned as accused in the present crime. The victim was working as an employee in the company where Petitioners were managers. They have been arrayed as accused because while working as a housekeeper, the victim met with an accidental mishap under an old machine resulting in head injury and during treatment, succumbed to his injuries. FIR was filed and investigation was launched. 1 of 3 50. CRI WP -4163-25.odt 4. Ms. Bhange would draw my attention to the settlement agreement between the business firm of the contractor who had employed the victim and the mother and wife of the victim, copy of which is appended at page 27 of the Petition. I have perused the agreement, reading of which prima facie shows that substantial amounts were received by the wife and the mother of the deceased victim for settling the dispute. 5. Ms. Bhange would inform the court that wife of the deceased victim has already remarried and is not traceable despite efforts made by them. The mother of the deceased victim has filed affidavit of consent dated 25.09.2025. Same is placed before me wherein it is stated that she and the wife of the deceased victim had received a handsome amount of Rs. 9 Lakhs each under the settlement agreement and do not have any objection for quashing of the present criminal proceeding. 6. I have perused the material placed on record. In view of the aforesaid and the settlement agreement having been executed and fructified, there can be no impediment in allowing the present Petition. Hence, Petition is allowed in terms of prayer clause (a) which reads thus:- "(a) This Hon'ble Court be pleased to allow the present Petition and quash the FIR No. 0068 dated 03.02.2025 registered with the Shikrapur Police Station, District Pune for the offences punishable 2 of 3 50. CRI WP -4163-25.odt under Section 304(A) and 337 of Indian Penal Code filed against the present Petitioners by Respondent No. 2." 7. Petition is allowed and disposed. Amberkar [ MILIND N. JADHAV, J. ] 3 of 3 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.10.01 11:18:11 +0530