Joydeep Pradipkumar Banik And Another v. The State Of Maharashtra And Another
2025:BHC-AUG:37392-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4260 OF 2025
1) Joydeep S/o Pradipkumar Banik, Age-41 years, Occu:Business,
2) Suparna W/o Joydeep Banik, Age-35 years, Occu:Housewife, Both R/o-Plot No.67, Garkheda Parisar, Chhatrapati Sambhajinagar, Taluka and District-Chhatrapati Sambhajinagar ...APPLICANT
VERSUS
1) The State of Maharashtra, Through Investigation Officer, M.I.D.C. CIDCO Police Station, Chhatrapati Sambhajinagar,
2) Manesh W/o Kalyan Ghorpade, Age-25 years, Occu:Service, R/o-Lane No.4, Ambika Nagar, Mukundwadi, Chhatrapati Sambhajinagar ...RESPONDENTS ...
Mr. Vijay P. Latange Advocate for Applicants. Mr. S.B. Pulkundwar, A.P.P. for Respondent No.1. Mr. Ravindra S. Shinde Advocate for Respondent No.2. ...
CORAM: SMT. VIBHA KANKANWADI AND HITEN S. VENEGAVKAR, JJ.
DATE : 19th DECEMBER, 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. 0574 of 2025 registered with M.I.D.C. CIDCO Police Station, Chhatrapati Sambhajinagar, on 1st October 2025, for the offence punishable under Sections 115(2), 296, 324(2), 352 read with 3(5) of Bharatiya Nyaya Sanhita 2023 and the further proceedings, if any, arising out of the same.
2.
Heard learned Advocate Mr. Latange for the applicants, learned APP Mr. Pulkundwar for respondent No.1 and learned Advocate Mr. Shinde 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 amicably settled their dispute.
4.
The parties have compromised the matter. The compromise pursis, which is containing the terms, has been produced on record. Terms of compromise have been got verified
through the Registrar (Judicial) and learned Registrar (Judicial) has submitted his report on 2nd December 2025. In the said terms of settlement, it has been stated that the said offence was registered by the informant - respondent No.2 due to misunderstanding between the parties. The matter has been resolved by intervention of elderly persons and common friends of the parties. Both the parties have arrived at an amicable settlement by way of compromise and agreed to settle the dispute. The compromise is voluntary and without any undue influence.
5.
Taking into consideration the compromise pursis, we find that this is a fit case where we should exercise our powers under Section 528 of the Bharatiya Nagari Suraksha Sanhita for quashing the FIR and the further proceedings, if any. However, since the entire machinery has been utilized, we impose costs on the applicants as well as on respondent No.2. Hence, the following order:-
O R D E R
(I) The Application stands allowed.
(II) The First Information Report vide Crime No. 0574 of 2025 registered with M.I.D.C. CIDCO Police Station, Chhatrapati Sambhajinagar, on 1st October 2025, for the offence punishable under Sections 115(2), 296, 324(2), 352 read with 3(5) of Bharatiya Nyaya Sanhita 2023 and the further proceedings, if any, arising out of the same stands quashed and set aside as against applicant No. 1 - Joydeep S/o Pradipkumar Banik and applicant No.2 - Suparna W/o Joydeep Banik.
(III) Both the applicants and respondent No.2 to deposit cost of Rs.5,000/-, each, with the High Court Legal Services Sub Committee, Aurangabad on or before 6th January, 2026. (IV) Place the matter for compliance on 12th January 2026. [HITEN S. VENEGAVKAR] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/DEC25