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2026 DAILYLAW 7833 (BOM)

HRISHIKESH BALASAHEB NIKAM v. THE STATE OF MAHARASHTRA AND ANOTHER

APPLN/857/2026 · 2026-09-04

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Judgment text

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1 926APPLN857.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 926 CRIMINAL APPLICATION NO. 857 OF 2026 Hrishikesh Balasaheb Nikam VERSUS The State Of Maharashtra And Another ... Mr. Sushant V. Dixit - Advocate for Applicant Mr. K. K. Naik - APP for the State Mr. Dattatraya Rambhau Markad - Advocate for Respondent No. 2 ... AND CRIMINAL APPLICATION NO. 860 OF 2026 Aditya Balasaheb Nikam and another VERSUS The State Of Maharashtra And Another ... Mr. Sushant V. Dixit - Advocate for Applicants Mr. K. K. Naik - APP for the State Mr. Dattatraya Rambhau Markad - Advocate for Respondent No. 2 … AND CRIMINAL WRIT PETITION NO. 188 OF 2025 Shubhangi Balasaheb Nikam & Ors. VERSUS The State Of Maharashtra And Another ... Mr. Sushant V. Dixit - Advocate for Applicants Mr. K. K. Naik - APP for the State Ms A. P. Pansare - Advocate (appointed) for Respondent No. 2 is absent ... CORAM : HITEN S. VENEGAVKAR, J. DATED : 04TH SEPTEMBER, 2026 FINAL ORDER : - 1. Criminal Writ Petition No. 188 of 2025 is not on board. At the request of the learned Advocate for the Petitioners, the same is taken on board. 2026:BHC-AUG:41408 2 926APPLN857.2026.odt 2. Heard the learned Advocate for the Applicants/Petitioners, the learned APP for the State and the learned Advocate for the Informant. 3. At the outset, it is submitted that Criminal Application No. 860 of 2026 has been filed by the brother-in-law and his wife, Criminal Application No. 857 of 2026 has been filed by the husband himself, and Criminal Writ Petition No. 188 of 2025 has been filed by the father-in- law, mother-in-law, cousin sister-in-law and cousin father-in-law of the Informant. 4. The Applications/Petition are filed seeking quashing of FIR bearing C.R. No. 1000 of 2024, dated 17.12.2024, registered with Shevgaon Police Station, Ahilyanagar, for the offences punishable under Sections 115(2), 351(2), 351(3), 352 and 85 of the Bharatiya Nyaya Sanhita, 2023. 5. The learned Advocate for the Applicants/Petitioners submits that the charge-sheet has already been filed and that the learned Trial Court has taken cognizance thereof by order dated 27th March 2025 in R.C.C. No. 12 of 2025, pending before the learned Judicial Magistrate First Class, Shevgaon. He, therefore, submits that, in view of the settlement between the parties, all consequential proceedings arising out of the said FIR are also liable to be quashed. 3 926APPLN857.2026.odt 6. The learned Advocates for the respective parties jointly submit that the dispute between the Applicants/Petitioners and the Informant has been amicably settled out of Court. The terms of settlement/consent terms have been drawn and executed before the learned Family Court at Pune. It is further submitted that proceedings for divorce by mutual consent under Section 13-B of the Hindu Marriage Act have also been instituted before the learned Family Court at Pune. 7. A perusal of the consent terms shows that the parties have settled their disputes on the terms and conditions mentioned therein. The relevant clause pertaining to withdrawal of the pending proceedings reads thus: VI. That, after depositing the aforementioned DD of Rs 25,00,000/- in the Nazar custody the Petitioner shall withdraw within 15 days the Cases filed before Hon’ble Bombay High Court i.e. Writ Petition No. 26207/2024, FCA 77/2022 before Aurangabad High Court, PWDVA Application 51/2023, PWDVA Application – 632/2023 filed before Hon’ble J.M.F.C., Pune filed by the mother of Petitioner without any demeanour. The R.C.S. No. 481/2023 filed by Father of Petitioner before Hon’ble C.J.S.D. Pune shall be withdrawn by Father of Petitioner without any demeanour. Similarly within 15 days the Respondent shall withdraw the Cases filed before Hon’ble Bombay High Court, i.e. Writ Petition No. 3287/2024, Writ Petition No. 3183/2025, Cri.M.A. 2009/2022 before Hon’ble J.M.F.C. Pune and RCC 116/2025 before Hon’ble J.M.F.C. Shevgaon, without any demeanour and have to give consent for the quashing petition without obstructing in Writ Petition 188/2025, Writ Petition 860/2026, Writ Petition 857/2026 before Hon’ble Aurangabad High Court without any demeanour and consent will be given by Respondent unconditionally. That all the above-mentioned cases 4 926APPLN857.2026.odt shall be withdrawn by both the parties within 15 days from the date of depositing of DD by the Petitioner in Nazar custody of this Hon’ble Court. 8. The aforesaid clause of the consent terms clearly demonstrates that the parties have amicably settled their disputes and have agreed to withdraw the pending litigation between them. The present proceedings are also specifically referred to in the consent terms, and the Informant has agreed to give her unconditional consent for quashing of the present proceedings. 9. Taking into consideration the fact that the parties have amicably settled the entire dispute between themselves, and considering the terms of settlement arrived at between them, I am inclined to allow the present Criminal Applications and the Criminal Writ Petition. 10. Accordingly, Criminal Application No. 857 of 2026 is allowed in terms of prayer clause ‘a’ to ‘c’, Criminal Application No. 860 of 2026 is allowed in terms of prayer clauses ‘a’ to ‘c’, and Criminal Writ Petition No. 188 of 2025 is allowed in terms of prayer clause ‘a’, ‘A-1’ and ‘A-2’. 11. The FIR bearing C.R. No. 1000 of 2024, dated 17.12.2024, registered with Shevgaon Police Station, Ahmednagar, and charge-sheet and all consequential proceedings arising therefrom, including R.C.C. No. 12 of 2025 pending before the learned Judicial Magistrate First Class, Shevgaon, stand quashed and set aside. 5 926APPLN857.2026.odt 12. The Criminal Applications and Criminal Writ Petition stand disposed of accordingly. [ HITEN S. VENEGAVKAR ] JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 08/09/2026 17:59:55