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2026 DAILYLAW 6180 (BOM)

SANTOSH TARACHAND SHELKE AND OTHERS v. THE STATE OF MAHARASHTRA AND ANOTHER

APPLN/2656/2026 · 2026-09-01

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Judgment text

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1 981criappln2656.26 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 981 CRIMINAL APPLICATION NO. 2656 OF 2026 SANTOSH TARACHAND SHELKE AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ... Advocate for Applicants : Mr. Chate Govind Bhagwan APP for Respondent No. 1/State : Mr. S.A.Gaikwad Advocate for Respondent No. 2 : Mr. Ramesh R. Imale ... CORAM : HITEN S. VENEGAVKAR, J. DATE : 01.09.2026 PER COURT : 1. Heard the learned Advocates for the respective parties. 2. The present application seeking quasment of the First Information Report bearing No. 9 of 2025 dated 08.01.2025 registered with Pundlik Nagar Police Station, Chhatrapati Sambhajinagar and consequential charge-sheet bearing No. 43 of 2025 dated 12.03.2025 and Regular Criminal Case bearing No. 1525 of 2025 pending on the file of learned Judicial Magistrate, First Class, Court No. -7, Aurangabad. The learned Advocate for the applicant submits that the proceedings are arising out of the offences punishable under Sections 85, 352, 115(2), 351(2), 351(3) r/w Section 3 (5) of the Bhartiya Nyaya Sanhita, 2023 (for short “BNS”). 3. The dispute of matrimonial dispute between the parties wherein, now the parties have arrived at an amicable settlement. The learned Advocate submits that the parties have appeared before the learned Registrar, (Judicial) of this Court for the purpose of verification and the verification has also been completed and the report of compromise is submitted in this Court. In the light of the compromise 2 981criappln2656.26 between the parties, the application be allowed and the criminal proceedings be quashed and set aside. 4. The learned Advocate for respondent No. 2 reiterated that the parties have arrived at settlement and do not wish to continue with the present proceedings. He also prays that the application be allowed and the proceedings be quashed. 5. I have perused the report submitted by the learned Registrar, (Judicial) of this Court dated 17.07.2026, contending that the credentials of the parties have been verified and also settlement pertaining to the terms and contents being true and correct. A copy annexed to the report pertaining to the terms of compromise clearly mentions that the present proceeding can be allowed and the proceedings, First Information Report, the Charge-sheet and the Criminal Case against the applicant be quashed in view of the compromise. 6. The settlement deed also mentions reference to the Family Courts proceedings which also have been decided and settled and the Counsellor of the Family Court, Chhatrapati Sambhajinagar has recorded terms of compromise between the parties. The Family Court proceedings are pending for final orders. 7. Taking into consideration the terms of the compromise and the factum that the parties have amicably settled their matrimonial dispute alongwith the allegations made against the present applicant in the impugned FIR and the consequential criminal proceeding, the application is allowed. Hence the following order : 3 981criappln2656.26 ORDER (i) The application is allowed in terms of prayer Clause (B). (ii) The First Information Report bearing No. 9 of 2025 dated 08.01.2025 registered with Pundlik Nagar Police Station, Chhatrapati Sambhajinagar and consequential charge-sheet bearing No. 43 of 2025 dated 12.03.2025 and Regular Criminal Case bearing No. 1525 of 2025 pending on the file of learned Judicial Magistrate, First Class, Court No. -7, Aurangabad are hereby stands quashed and set aside. (iii) No order as to the costs. (HITEN S. VENEGAVKAR, J.) mahajansb/