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2026 DAILYLAW 4612 (BOM)

VIDYA BRIJBHUSHAN GAIKWAD v. THE STATE OF MAHARASHTRA AND ANOTHER

APPLN/2671/2026 · 2026-08-27

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Judgment text

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997appln2671-26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 997 CRIMINAL APPLICATION NO. 2671 OF 2026 Vidya Brijbhushan Gaikwad VERSUS The State Of Maharashtra And Another ... Mr. Patil Nileshsingh J, Advocate for the Applicant Mr. S. A. Gaikwad, APP for the Respondent-State Mr. Tukaram M. Venjane, Advocate for Respondent No.2 CORAM : HITEN S. VENEGAVKAR, J. Dated : 27th August, 2026 PER COURT :- 1. The learned Advocate for the applicant submits that the present application is filed for quashing of the First Information Report bearing Crime No. 0162 of 2018 registered with Vivekanand Chowk Police Station, Latur for the offences punishable under sections 66(C) of the Information Technology Act, 2000, dated 20.05.2018, and also for quashing of the consequent charge sheet and RCC proceedings bearing No. 1722 of 2024 pending on the file of learned J.M.F.C., Latur, along-with all the other consequential orders passed therein. 2. The learned Advocate for the applicant further submits that the parties have amicably settled the dispute among themselves during the process of mediation when they were referred to the mediator by order dated 16.01.2026 passed by this Court in Misc. Civil Application No. 10 of 2023. He categorically refers to the mediation report filed in 1 of 4 2026:BHC-AUG:38729 997appln2671-26 the proceedings of Misc. Civil Application No. 10 of 2023, wherein it is specified that the mediation is successful and the terms of settlement are enclosed therewith. The said mediation report is dated 20.02.2026 and the terms of settlement are dated 12.02.2026, which is signed by the parties as well as the Advocates for the parties appearing in the Misc. Civil Application No.10 of 2023. The learned Advocate for the applicant further refers to paragraph no. 5 of the said consent terms which reads as under:- “05. That, the wife undertakes to withdraw the cases If any, within the period of one month from today. The husband undertakes that, he will withdraw the proceeding bearing R.C.C. No. 1722/2024 pending before the Ld. Judicial Magistrate First Class, Latur for the offences punishable U/s. 201 of Indian Penal Code and U/s. 66-C of Information Technology Act within a period of one month from today. Both the wife and husband agree that in future both of them will not file any proceeding or complaint against each other or against the family members in future in connection with the present dispute.” 3. Accordingly, the learned Advocate for the applicant submits that on the ground of amicable settlement between the parties, the proceeding bearing RCC No. 1722 of 2024 has been agreed to be withdrawn by the husband. It is thus submitted that on the basis of the said mediation report and the settlement between the parties, with 2 of 4 997appln2671-26 specific undertaking given by the husband in the said settlement, the present proceedings be quashed and set aside in terms of the settlement, specially, para 5 of the said compromise deed. 4. The learned Advocate for respondent no.2 do not dispute the above stated fact and also submits that the parties have amicably settled the dispute and the settlement has been drawn in to a written compromise deed, which was placed before this Court in Misc. Civil Application No. 10 of 2023 and by considering the same, on 06.03.2026, this court had has allowed the said application. He further states that he has instructions to give no objections in order to allow the present application and quash the entire proceeding as prayed therein. 5. The mediation report, order dated 06.03.2026 of this Court in MCA No. 10/2023 and the compromise pursis filed on behalf of wife and husband filed in MCA No. 10 of 2023 dated 12.202.2026 are taken on record and marked as ‘X’ collectively for the purpose of identification. 6. Heard the learned Advocates for the parties. I have perused the mediation report as well as the terms of compromise dated 12.02.2026. 7. Taking into consideration the fact that amicable settlement has 3 of 4 997appln2671-26 arrived at between the parties and a specific undertaking is provided in the compromise deed that the proceedings pending before the learned JMFC, Latur between the parties, bearing RCC No. 1722 of 2024 will be withdrawn, this Court has no hesitation in allowing the present application. Hence, the following order: O R D E R (a) Criminal Application No. 2671 of 2026 stands allowed. (b) First Information Report bearing Crime No. 0162 of 2018 registered with Vivekanand Chowk Police Station, Latur for the offences punishable under sections 66(C) of the Information Technology Act, 2000, dated 20.05.2018, consequent charge sheet and RCC proceedings bearing No. 1722 of 2024 pending on the file of learned J.M.F.C., Latur, along-with all the other consequential orders passed therein are hereby quashed and set aside. (c) No orders as to costs. (HITEN S. VENEGAVKAR, J.) JPChavan 4 of 4