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2026 DAILYLAW 15952 (BOM)

SHAILESH POPATSING RAJPUT AND OTHERS v. THE STATE OF MAHARASHTRA AND ANOTHER

APPLN/1514/2026 · 2026-09-29

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Judgment text

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929-APPLN-1514-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1514 OF 2026 1. Shailesh Popatsing Rajput Age: 48 years, Occu.: Agri., 2. Pruthvi Shailesh Rajput Age: 21 years, Occu.: Education, 3. Dinesh Hiralalsing Rajput Age: 39 years, Occu.: Agri., 4. Vinod Hiralal Rajput Age: 44 years, Occu.: Agri., 5. Renuka Shailesh Rajput Age: 38 years, Occu.: Agri., 6. Sujit Sureshsing Rajput Age: 23 years, Occu.: Education, 7. Suresh Hiralal Rajput Age: 50 years, Occu.: Agri., 8. Eshika @ Pratha Shailesh Rajput Age: 20 years, Occu.: Education All R/o Rotegaon, Tq. Vaijapur, Dist. Aurangabad ..APPLICANTS VERSUS 1. State of Maharashtra Through Police Inspector Vaijapur Police Station, Vaijapur Tq. Vaijapur, Dist. Aurangabad 2. Jwalasing Popatsing Rajput Age: 45 years, Occu: Agri., R/o Rotegaon, Tq. Vaijapur Dist. Aurangabad ..RESPONDENTS 1 / 4 2026:BHC-AUG:46557 929-APPLN-1514-26.odt .... Mr. N.R. Haridas, Advocate for applicants Mr. V.K. Kotecha, A.P.P. for respondent no.1 – State Mr. A.S. Kulkarni and Mr. P.P. Kothari, Advocates for respondent no.2 .... CORAM : HITEN S. VENEGAVKAR, J. DATE : 29th SEPTEMBER, 2026 PER COURT : 1. Present application is filed seeking quashment of Crime No. 221 of 2026 registered with Vaijapur Police Station, Dist. Chhatrapati Sambhajinagar for the offences punishable under Section 109, 189, 189(4), 190, 352, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023. The present applicants are added as accused in the said F.I.R. The consequential charge-sheet and the proceeding bearing R.C.C. No. 148 of 2026 pending before the learned J.M.F.C., Vaijapur are also sought to be quashed. 2. Learned counsel for the applicants submits that the informant and the other injured persons have amicably settled the dispute with the present applicants and accordingly hae entered into the terms of settlement. He refers to the copy of terms of compromise and submits that the said document clearly reflects that both the parties have accepted the suggestions given by the relatives and friends not to maintain any enmity between each other. It is further argued that the parties are relatives of each other, and therefore, they have decided to maintain piece and harmony among themselves. He further argued that the cross case which was registered has also been quashed by this 2 / 4 929-APPLN-1514-26.odt Court on settlement by order dated 09th July, 2026 passed in Criminal Application No. 1512 of 2026. 3. Learned counsel for Respondent No.2 – informant acknowledged the submissions canvassed by learned counsel for the applicant of settlement between the parties. He categorically states that he has no objection if the aforesaid offence and consequential proceedings are quashed and set aside. 4. I have perused the terms of compromise and have also perused order dated 09th July, 2026 passed by this Court in Criminal Application No. 1512 of 2026 by which the cross F.I.R. No. 222 of 2026 dated 14th April, 2026 registered with Vaijapur Police Station, Dist. Chhatrapati Sambhajinagar has been quashed and set aside. The compromise terms annexed to the present proceeding clarifies the position that the parties have interse resolved the dispute and have agreed to maintain friendly and cordial relationship with each other. Though the record submitted by the investigating agency indicates that the injuries that has been caused are grievous in nature and there is also a fracture injury, yet I am of the opinion that as the parties themselves hae settled and have amicably resolved the issue, continuation of the criminal proceeding will not lead in frutiful result. In addition, the cross F.I.R. has also been quashed by this Court. For all the aforesaid reasons, the present application also can be allowed subject to payment of cost. 3 / 4 929-APPLN-1514-26.odt 5. Criminal application stands allowed. F.I.R. bearing Crime No. 221 of 2026 registered with Vaijapur Police Station, Dist. Chhatrapati Sambhajinagar for the offences punishable under Section 109, 189, 189(4), 190, 352, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 is quashed and set aside against all the applicants. Consequential proceeding by way of charge-sheet and R.C.C. No. 148 of 2026 pending before the Court of learned J.M.F.C., Vaijapur also stands quashed and set aside. The applicants are directed to pay cost of Rs.5,000/- (Rupee Five Thousand) each to be paid to the Government Cancer Hospital, Chhatrapat Sambhajinagar within a period of four weeks from today. The receipt of payment made should be submitted to the learned A.P.P. for his acknowledgment and only after he certifies that payment has been made, the order will become operational. ( HITEN S. VENEGAVKAR, J. ) SSD 4 / 4