VISHWANATH DATTATRAY JOSHI AND OTHERS v. THE STATE OF MAHARASHTRA
APPLN/3309/2026 · 2026-09-29
body2026
DailyLaw.ai
[ 2026 DAILYLAW 16095 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 16095 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
930-APPLN-3309-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3309 OF 2026
1. Vishwanath Dattatray Joshi, Age: 36 Years, Occu. Service, R/o. In front of Moreshwar Dhyan Man(br, Gut No.96, Naiknagar, Deolai, Chhatrapati Sambhajinagar;
2. Satish @ Santosh Narayan Kshirsagar, Age: 42 Years, Occu. Service, R/o. Alok Nagar, Satara Parisar, Beed bypass, Chhatrapati Sambhajinagar;
3. Kailash Ashok Ghule, Age: 53 Years, Occu. Labour Work, R/o. Plot No.103, New Moti Nagar, Garkheda Parisar, Chhatrapati Sambhajinagar
4. Deepali Sushil Ambildhage, Age : 27 Years, Occu. Household, R/o. Plot No. ro3, Lane No.02, New Mod Nagar, Garkheda Parisar, Tq. & Dist. Chhatrapati Sambhajinagar ..APPLICANTS VERSUS State of Maharashtra Through Police Station Officer, Police Station Pundliknagar, Tq. & Dist. Chhatrapati Sambhajinagar ..RESPONDENT .... Mr. Swapnil Dargad, Advocate h/f Mr. K.R. Bothe, Advocate for applicants Mr. S.A. Gaikwad, A.P.P. for respondent - State ....
CORAM : HITEN S. VENEGAVKAR, J.
DATE : 29th SEPTEMBER, 2026 PER COURT : 1 / 4 2026:BHC-AUG:46570
930-APPLN-3309-26.odt
1. Heard learned counsel for the applicant and learned A.P.P. for State.
2. Present application is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashment of F.I.R. bearing Crime No. 266 of 2026 dated 27th May, 2026 registered with Pundliknagar Police Station, Chhatrapati Sambhajinagar for the offences punishable under Sections 115(2), 351(2), 351(4), 352, 189(1), 189(2), 191(1), 191(2) of Bharatiya Nyaya Sanhita and also quashment of cross F.I.R. bearing Crime No. 269 of 2026 dated 29th May, 2026 registered with Punaliknagar Police Station, Dist. Chhatrapati Sambhajinagar for the offences punishable under Sections 115(2), 117(2), 3(5), 351(2) and 352 of Bharatiya Nyaya Sanhita,
2023. The parties have lodged cross cases against each other from the injuries sustained on account of an incident that has taken place on 27th May,
2026. Investigation is still in progress. The charge-sheet is yet to be filed.
3.
Learned counsel for the applicants submits that during the pendency of investigation, the parties have entered into settlement and have amicably resolved the dispute amongst themselves. The parties have filed a deed of compromise in the present proceeding, wherein it is stated that the offence came to be registered against each other due to misunderstanding and few facts. They were under impression of hearsay information that there was physical scuffle. However, there was only exchange of words. Both the 2 / 4
930-APPLN-3309-26.odt parties have specifically agreed that they will file a joint petition in this Court for quashment of the criminal offences and either party has no objection for quashment of the offences. There is no grievance of either of the parties against each other. The intention of parties to amicably settle the dispute is in the interest of justice and to restore harmony in the society.
4. Taking into consideration the aforesaid facts of the cross complaints and the terms on which the parties have agreed to settle the dispute, it prima facie clarified the situation that the parties have understood that it is utmost important to maintain the piece and harmony in the society. As there was amicable settlement between the parties, I am of the opinion that by imposing some cost, present application can be allowed.
5. On the aforesaid facts and circumstances of the case, criminal application is allowed. The F.I.R. bearing Crime No. 266 of 2026 dated 27th May, 2026 registered with Pundliknagar Police Station, Chhatrapati Sambhajinagar for the offences punishable under Sections 115(2), 351(2), 351(4), 352, 189(1), 189(2), 191(1), 191(2) of Bharatiya Nyaya Sanhita and also the F.I.R. bearing Crime No. 269 of 2026 dated 29th May, 2026 registered with Punaliknagar Police Station, Dist. Chhatrapati Sambhajinagar for the offences punishable under Sections 115(2), 117(2), 3(5), 351(2) and 352 of Bharatiya Nyaya Sanhita, 2023 stand quashed and set aside. The applicants are directed to pay cost of Rs.10,000/- (Rupee Ten Thousand) each to be paid 3 / 4
930-APPLN-3309-26.odt 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