← Library
Bombay High CourtAPPLN/3501/2025application allowed

Onkar Lula Pawara And Others v. The State Of Maharashtra And Another

2025-11-21Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Hiten S. Venegavkar5 pages

2025:BHC-AUG:32994-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3501 OF 2025

1) Onkar Lula Pawara, Age-65 years, Occ:Agril.,

2) Mosambi Samsing Pawara, Age-25 years, Occ:Household,

3) Samsing Onkar Pawara, Age-33 years, Occ:Agril.,

4) Harsing Onkar Pawara, Age-33 years, Occ:Agril.,

5) Udaysing Onkar Pawara, Age-37 years, Occ:Agril.,

6) Sukhlal Lula Pawara, Age-34 years, Occ:Agril.,

7) Kothibai Onkar Pawara, Age-53 years, Occu:Household,

8) Nisha Udaysing Pawara, Age-36 years, Occ:Household,

9) Vandana Harsing Pawara, Age-33 years, Occ:Household,

10) Jamsingh Lula Pawara, Age-47 years, Occ:Agril., All R/o-Nimkhedi, Taluka-Dhadgaon, District-Nandurbar ...APPLICANTS

VERSUS

1) The State of Maharashtra, Through P.I. Dhadgaon Police Station, Dhadgaon, District-Nandurbar,

2) Jamkhibai Duvalya Pawara, Age-25 years, Occu:Anganwadi Assistant, R/o-Nimkhedi, Taluka-Dhadgaon, District-Nandurbar.

...RESPONDENTS ...

Mr. Umakant U. Wagh Advocate for Applicants. Mr. S.B. Narwade, A.P.P. for Respondent No.1. Mr. Vinod B. Jadhav Advocate for Respondent No.2. ...

CORAM: SMT. VIBHA KANKANWADI AND HITEN S. VENEGAVKAR, JJ.

DATE : 21st NOVEMBER, 2025 ORDER [PER SMT. VIBHA KANKANWADI, J.] :

1.

Present Application has been filed for quashing the First Information Report (for short "the FIR") vide Crime No. 124 of 2025 registered with Dhadgaon Police Station, District-Nandurar, on 21st July 2025, for the offence punishable under Sections 115(2), 118(1), 190, 191(2), 191(3), 351(2) and 352 of Bharatiya Nyaya Sanhita and the further proceedings, if any, arising out of the same.

2.

Heard learned Advocate Mr. Syed for the applicants,

learned APP Mr. Phule for respondent No.1 and learned Advocate Mr. Kazi for respondent No.2.

3.

Learned Advocate appearing for the applicants and learned Advocate for respondent No.2 submits that during the pendency of the application, the parties have amicable settled their dispute.

4.

The parties have arrived at the compromise and compromise terms have been filed. The terms of compromise are got verified by the learned Registrar (Judicial), who then submitted report on 23rd September 2025. It has been stated in the compromise, that the parties have realized that the quarrel and dispute has occurred due to sudden and grave provocation which was due to misunderstanding and inadvertence. It has been further stated that being residents of the same village, both the parties have amicably resolved all disputes and misunderstandings between them. Both the parties desire to put an end to all criminal litigations and wish to live in peace and harmony. Taking into consideration the terms of compromise, we find that this is a fit case where we should exercise our powers

under Section 528 of the Bharatiya Nagarik Suraksha Sanhita for quashing the FIR and further proceedings, if any. However, since the entire machinery has been used, we impose costs on the applicants considering the role assigned to them. Hence the following order:-

O R D E R

(I) The Application stands allowed.

(II) the First Information Report vide Crime No. 124 of 2025 registered with Dhadgaon Police Station, District-Nandurar, on 21st July 2025, for the offence punishable under Sections 115(2), 118(1), 190, 191(2), 191(3), 351(2) and 352 of Bharatiya Nyaya Sanhita and the further proceedings, if any, arising out of the same, stands quashed and set aside as against applicant Nos. 1 to 10 i.e. - 1) Onkar Lula Pawara, 2) Mosambi Samsing Pawara, 3) Samsing Onkar Pawara, 4) Harsing Onkar Pawara, 5) Udaysing Onkar Pawara,

6) Sukhlal Lula Pawara, 7) Kothibai Onkar Pawara

8) Nisha Udaysing Pawara, 9) Vandana Harsing Pawara and 10) Jamsingh Lula Pawara.

(III) Applicant No.6 - Sukhlal Lula Pawara to deposit cost of Rs.25,000/-, and applicant Nos. 1 to 5 and 7 to 10 to deposit cost of Rs.5,000/-, each, with the High Court Legal Services Sub Committee, Aurangabad, on or before 22nd December, 2025.

(IV) Place the matter for compliance on 9th January 2026.

[HITEN S. VENEGAVKAR] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/NOV25