Suryakant Chandrakant Kamble v. The State Of Maharashtra And Another
2025:BHC-AUG:28756-DB (1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 922 CRIMINAL APPLICATION NO. 2915 OF 2024 SURYAKANT CHANDRAKANT KAMBLE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicant : Adv. Pradnya Talekar APP for Respondent/State: Mr. S. R. Wakale Advocate for Respondent No.2 : Mr. Satej S. Jadhav ...
CORAM :
SANDIPKUMAR C. MORE AND MEHROZ K. PATHAN, JJ.
DATED : 10th OCTOBER, 2025 ORDER:- 1.
The present applicant, who is original accused No.4, is seeking quashment of F.I.R. in Crime Register No. 157 of 2023 dated 21.06.2023, registered with Bhoom Police Station, District Osmanabad, for the offences punishable under Sections 306, 323, 504, and 506 read with Section 34 of the Indian Penal Code along with the charge sheet bearing No. 35 of 2025, dated 28.05.2025, which has been numbered as R.C.C. No. 54 of 2025. The learned A.P.P., on instructions, submits that, the aforesaid criminal proceeding is yet to be committed before the concerned Sessions Court. However, during the pendency of this application, the settlement took place between the applicant and respondent No.2 i.e. original
(2) complainant, and they have entered into compromise terms, which are marked 'X' for identification.
2.
The learned Registrar (Judicial) of this Court, under the directions of this Court, verified the contents of the compromise terms through the parties and submitted report dated 10.10.2025, mentioning that parties have voluntarily entered into the settlement and also admitted the contents of the compromise terms.
3.
On going through the compromise terms, it appears that, the present applicant and respondent No.2 i.e. complainant have settled the matter, since the complainant realized that the applicant had no role in the alleged crime, but according to him, the other accused had abetted the commission of suicide of the deceased. It further appears that, respondent No.2complainant submitted that, due to some misconception, he had implicated the present applicant in the crime, but due to intervention of close relatives of the parties, they have arrived at the settlement. In view of the same, the consent terms are accepted towards settlement between the applicant and respondent No.2/complainant. Under such circumstances, continuation of the proceedings at least against this applicant, would be an abuse of process of law. Hence, we pass the
(3) following order :-
O R D E R
(I) The application is allowed.
(II) The F.I.R. in C.R. No. 157 of 2023 dated 21.06.2023, registered with Bhoom Police Station, District Osmanabad, for the offences punishable under Sections 306, 323 504, and 506 read with Section 34 of the Indian Penal Code along with the charge sheet No. 35 of 2025 dated 28.05.2025 and the proceeding bearing Regular Criminal Case No. 54 of 2025 presently pending before the learned Judicial Magistrate, (F.C.), Bhoom stands quashed and set aside only to the extent of present applicant namely Suryakant Chandrakant Kamble, subject to costs of Rs. 50,000/- ( Rs. Fifty thousand) to be paid to the Government Pleader's Library, High Court of Bombay, Bench at Aurangabad.
(MEHROZ K. PATHAN) (SANDIPKUMAR C. MORE) JUDGE JUDGE YSK/