ROHIT RAJENDRA KAKANI AND OTHERS v. THE STATE OF MAHARASHTRA AND ANOTHER
APPLN/2972/2026 · 2026-08-18
body2026
DailyLaw.ai
[ 2026 DAILYLAW 4026 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4026 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
922appln2972-26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 922 CRIMINAL APPLICATION NO. 2972 OF 2026 Rohit Rajendra Kakani And Others VERSUS The State Of Maharashtra And Another ... Mr. J. M. Murkute, Advocate for the Applicants Mr. S.V. Hange, APP for the Respondent-State Ms. Pooja Deshmukh, Advocate for Respondent No.2. CORAM : HITEN S. VENEGAVKAR, J. Dated : 18th August, 2026 PER COURT :-
1. Heard the learned Advocates. 2. By the present application, the applicants seek quashment of the First Information Report bearing Crime No.231 of 2024 dated 27.12.2024 registered with Osmanpura Police Station at Aurangabad for the offences punishable under Sections 323, 498(A), 504 r/w 34 of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act. The applicants further seek quashing of the Regular Criminal Case No. 960 of 2025 pending on the file of learned Judicial Magistrate, First Class, Aurangabad arising from Charge-sheet No. 30/2025 dated 20.03.2025. The applicants further seek quashing of the order of cognizance passed by the learned Judicial Magistrate, First Class, Aurangabad dated 25.05.2025 on the various grounds as stated in the memo of application. 3. The main ground that is being stated in the application is in 1 of 4 2026:BHC-AUG:37622
922appln2972-26 respect of the settlement terms entered into between the parties and the compromise that has arrived at between the parties before the Family Court at Aurangabad at the time when the Family Court proceedings were listed before the National Lok Adalat. 4. The learned Advocate for the applicants submits that the parties appeared before the National Lok Adalat which was held on 10.05.2025 and submitted that both the parties have arrived at compromise and they are cohabiting together since 09.05.2025. In pursuance of their compromise, they have also signed and executed the consent terms. 5. The learned Advocate for the applicants invites the Court's attention to the document of consent terms duly signed between the parties before the Superintendent, Family Court, Aurangabad, dated
19.04.1925. In the said consent terms, it has been specifically stated that both the parties have resumed cohabitation from 07.05.2025 on the residential address of the applicant/husband at Aurangabad alongwith their minor son. In the said consent terms, Clauses (7) and (9) which pertain to the proceedings from which the present application arises are also mentioned as follows:
"7.
The petitioner has filed criminal cases against the respondent and his family members under section 498-A of the Indian Penal Code and under the Prohibition Dowry Act. The Petitioner and the Respondent will cooperate each other to withdraw the said cases as per procedure of law."
"9. It is agreed between the parties that they will not level any accusations or allegations against each other or their family 2 of 4
922appln2972-26 members. They also agreed to cooperate with each other for improvement of relationships."
6. The learned Advocate, thus, submits that as the dispute has been settled between the Applicants and original Complainant/ Respondent no.2., the application be allowed in terms of prayer clauses (B), (C) and (D) of the present application. 7. The learned Advocate appearing for respondent no.2 concurs with that the parties have settled the dispute and have rendered into consent terms. He further admits that respondent no.2 and the applicant no.1 have started cohabiting with each other since 7.05.2025 and since then, there is absolutely no dispute between them. The learned APP acknowledges the consent terms and the order passed by the National Lok Adalat and also the Family Court. 8. I have heard the learned Advocates appearing for the parties. I have also perused the copy of consent terms annexed to the present application dated 09.04.2025, the report of the Marriage Counselor, Family Court, dated 19.04.2025 alongwith the order passed below Exh.1 in Petition No. B-9/2024 passed by the National Lok Adalat, Panel Head, Family Court, Aurangabad dated 10.05.2025. All these documents and the order support the contention of the learned Advocate appearing for the Applicants and the learned Advocate appearing for Respondent No.2 that the matter has been settled among them and they are happily residing with each other. The learned Advocate appearing for Respondent No.2 reiterates before this Court 3 of 4
922appln2972-26 that Respondent No.2 does not wish to proceed with the present proceedings which are challenged in the present application and therefore, the same be quashed. 9.
Taking into consideration the settlement between the parties and also the fact that now the applicants and respondent no.2 are happily cohabiting with each other, there will be no purpose served by keeping the proceedings pending either in this court or before the trial court. Hence, the following order:
O R D E R (a) Criminal Application No. 2972 of 2026 stands allowed. (b) First Information Report bearing Crime No.231 of 2024 dated 27.12.2024 registered with Osmanpura Police Station at Aurangabad, which resulted in filing of Charge-sheet No.30/2025 dated 20.03.2025 and consequential proceeding bearing Regular Criminal Case No. 960 of 2025 pending on the file of learned Judicial Magistrate,First Class, Aurangabad alongwith the order cognizance dated 25.05.2025 passed in the above referred criminal case are hereby quashed and set aside. (d) No orders as to costs. (HITEN S. VENEGAVKAR, J.) JPChavan 4 of 4