Rahul Kamalkumar Jain And Another. v. State Of Mah. Thr. Officer-In-Charge Of Ps, Hudkeshwar Tah. And Dist. Nagpur And Another.

2026:BHC-NAG:2364-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 429 OF 2024 APPLICANTS :- 1) Rahul Kamalkumar Jain, Aged about 37 years, Occu: Business, R/o Trilokchandji Building, Near Jain Mandir, Parwarpura, Itwari, Nagpur (City), Nagpur.

Accused No.1 in FIR 2) Shruti Rahul Jain, Aged about 35 years, Occu: Business, R/o Trilokchandji Building, Near Jain Mandir, Parwarpura, Itwari, Nagpur (City), Nagpur.

Accused No.2 in FIR ..VERSUS..

RESPONDENTS :- 1) State of Maharashtra, through Officer-in-charge of Police Station, Hudkeshwar, Tahsil & District Nagpur.

2) Ashitosh Narendra Kuthe, Aged about 30 years, Occu: Private, R/o Near Hanuman Mandir, Plot No.

119, Prabhat Nagar, Nar, Nagpur-440034.

---------------------------------------------------------------------------------------------------------------------------------- Mr Vedant Sarda, counsel holding for Mr. Akash S. Tiwari, counsel for applicants. Mr. G.S. Umale, APP for respondent No.1/State. Mr. Aniket Sawal, counsel for respondent No.2. ----------------------------------------------------------------------------------------------------------

CORAM

: PRAVIN S. PATIL, J.

DATE : 05 /0 2 /2026

ORAL JUDGMENT :

1.

Heard. Rule. Rule made returnable forthwith. By consent of Mr. Vedant Sarda, counsel holding for Mr. Akash S. Tiwari, counsel for the applicants, Mr. G.S. Umale, learned APP for respondent No.1/State and Mr Aniket Sawal, learned counsel for respondent No.2, the application is taken up for final hearing at the stage of admission. 2.

By this application, the applicants as well as the complainant came with a submission that though the offence is registered under Sections 420, 465, 467, 468, 471, 120-B, 504, and 506 read with Section 34 of the Indian Penal Code, 1860, the alleged offence took place between two private parties and out of misunderstanding between the parties. However, they have compromised the matter amicably and executed the compromise deed dated 22/08/2023. The said compromise deed is duly signed by both the parties and notarized by them.

3.

Both the applicants and respondent No.2 are present before this Court, who are identified by their respective counsels. They have confirmed the fact that there was a compromise deed between the parties. In addition to the same, respondent No.2 has placed on record the joint affidavit of the parties.

4.

Considering the fact that offence which is registered between two private parties and same is amicably settled between the parties, in view of the parameters laid by the Hon'ble Supreme Court of India in the case of Narinder Singh & Ors vs State Of Punjab & Anr reported in 2014(6) SCC 466, the compromise is permissible. So also, continuation of such proceedings would serve no fruitful purpose, and there are no chances of proving the offence against the applicants in the matter, in such scenario. 5.

Considering the law laid down by the Hon'ble Supreme Court

of India, in my opinion, there is no impediment to consider the compromise deed, and consequently, to quash and set aside the criminal offence registered against the present applicants, subject to certain costs. Accordingly, I proceed to pass the following order.

ORDER

a] The criminal application is allowed.

b] The offence registered against the present applicants vide Crime No. 0519 of 2023 for the offence punishable under Sections 420, 465, 467, 468, 471, 120-B, 504 506 read with Section 34 of the Indian Penal Code, is hereby quashed and set aside, subject to the costs of Rs. 20,000/ to be deposited jointly by parties in the following account within two weeks:- (i) Account Number :- Public Welfare Account (ii) Account No. : 129112010001014 (iii) Bank Name :- Union Bank of India, (iv) Branch Name :- High Court, Civil Lines, Nagpur. (v) IFSC Code : UBIN0812978.

c] All pending application(s) stand disposed of. 6.

Rule is made absolute in the aforesaid terms. No orders as to costs.

(PRAVIN S. PATIL, J)