Swapnil Digambar Pisal And Others v. The State Of Maharashtra And Another
2025:BHC-AUG:25882-DB CRI-APLN-2830-2025.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2830 OF 2025 1.
Swapnil Digambar Pisal Age-21 years, Occ. Agril., 2.
Shrikant Vitthal Bhumare, Age:- 19 years, Occ. Agril, 3.
Ganesh Ambadas @Devrao Pisal, Age:- 22 years, Occ. Student, 4.
Sandip Digambar Pisal, Age:- Minor, Occ. Student Since Minor U/g of Father Digambar Chandoji Pisal All R/o Kawalgaon, Tal. Purna, Dist. Parbhani.
... APPLICANTS (ORIGINAL ACCUSED)
VERSUS
1.
The State of Maharashtra Through The Police Inspector, Chudawa Police Station, Tal. Puma, Dist. Parbhani 2.
Baliram Pandurang Pisal, Age- 25 years, Occ. Agri., R/o Kawalgaon, Tal. Purna, Dist. Parbhani.
... RESPONDENTS (Resp. No.2 Orig. informant) ....
Mr. Sanket Sanjay Jangale, Advocate for the Applicants Mr. V. M. Kagne, APP for Respondent No.1 - State Mr. Vyankatesh A. Mundhe, Advocate for Respondent No.2 ....
(( 2 )) CORAM : MANISH PITALE AND Y. G. KHOBRAGADE, JJ.
DATE : 20.09.2025 ORDER (Per : Y. G. Khobragade, J.) 1.
The applicants / accused have invoked the jurisdiction of this Court under Section 528 of the Bhartiya Nagarik Suraksha Sanhite, 2023 and prayed for quashment of First Information Report bearing Crime No. 0084 of 2025, registered against them on 13.04.2025 with Chudawa Police Station, Taluka Purna, District Parbhani, for the offences punishable under Sections 115(2), 118(1), 351(3), 352 read with 3(5) of Bharatiya Nyaya Sanhita, 2023. 2.
The Respondent No.2 informant lodged a F.I.R. on 13.04.2025 with Chudawa Police Station, District Parbhani, alleging that on the day of incident the applicants / accused assaulted with a common intention on the trivial ground, due to which he sustained grievous injuries. On the basis of said report, Crime No.0084 of 2025 registered against them for the offences punishable under Sections 115(2), 118(1), 351(3), 352 read with 3(5) of Bharatiya Nyaya Sanhita, 2023. However, no ingredients of offence constitute.
(( 3 )) 3.
The applicants and respondent No.2 have amicably settled the dispute, as they are from the same village and expressed for betterment of future and to maintain healthy atmosphere as well as to maintain peace, they settled the dispute. Therefore, prayed for quashment of the F.I.R.
4.
Heard Mr. Jangale, the learned counsel for the applicants, Mr. Kagne, the learned APP for the State and Mr. Mundhe, the learned counsel for respondent No.2.
5.
The learned counsel appearing for the respective parties have fairly made a statement that during pendency of investigation, the applicants / accused and respondent No.2 complainant, amicably settled their dispute and arrived at compromise. 6.
On 21.08.2025, this Court passed an order and observed in paragraph No.2, as under:- "2.
He may file the Vakalatnama within two weeks. He as well as the learned advocate for the applicants submit that the parties have arrived at compromise and they want to place the terms of compromise on record."
(( 4 )) 7.
On 04.09.2025, the applicants / accused and respondent No.2 informant, appeared before the learned Registrar (Judicial) of this Court and verified the contents of the settlement between the parties. The respondent No.2 informant has filed affidavit in support of compromise and admitted about the settlement of dispute. 8.
Since the offences punishable under Sections 115(2), 351(3) and 352 read with Section 3(5) of B.N.S. 2023, are compoundable with the informant in view of Section 359 of B.N.S., and as such, the applicants / accused and respondent No.2 informant compounded the said offence, therefore considering the law laid down in the cases of Gian Singh Vs. State of Punjab and Another, (2012) 10 SCC 303 and Narinder Singh & Ors. Vs. State of Punjab, (2014) 6 SCC 466, as well as societal interest between the parties and in order to secure the end of justice and to prevent abuse of process of law, it will be just and proper to quash and set aside F.I.R. in respect of the present applicants / accused.
9.
In view of above discussion, we proceed to pass the following order:-
(( 5 ))
O R D E R
(i) The present Criminal Application is allowed.
(ii) First Information Report, bearing Crime No. 0084 of 2025, registered against the applicants with Chudawa Police Station, Taluka Purna, District Parbhani, for the offences punishable under Sections 115(2), 118(1), 351(3), 352 read with 3(5) of Bhartiya Nyaya Sanhita, 2023, is hereby quashed and set aside against the present applicants / accused.
[ Y. G. KHOBRAGADE, J. ] [ MANISH PITALE, J. ] SMS