Pawan S/O Hareshbhai Gurnani v. The State Of Maharashtra Thr. Pso Ps Jaripatka Nagpur And Another

2026:BHC-NAG:1275-DB 1 122A.CRI.WP.221-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO. 221 OF 2024 ( Pavan S/o Hareshbhai Gurnani Vs.

State of Maharashtra, Thr. Police Station Officer, Jaripatka Police Station, Nagpur & Anr. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. D.S. Jagyasi, Advocate for the Petitioners. Mr. A.M. Joshi, APP for the Respondent No.1/State. Mr. G.D. Dani, Advocate for the Respondent No.2. CORAM: URMILA JOSHI-PHALKE, J.

DATED : 22nd JANUARY, 2026 1.

By this Petition, the Petitioner who is the husband of the Respondent No.2 is seeking quashing of the First Information Report in connection with Crime No.120/2024 registered with Police Station, Jaripatka, Nagpur for the offence punishable under Sections 294 and 506 of the Indian Penal Code and Section 66 (C) of the Information Technology Act.

2.

During the pendency of this Petition, both parties arrived at a settlement. In view of the settlement, they have decided to withdraw the allegations made against each other. The concerned terms are verified by me from the Petitioner as well as the Respondent No.2 and they have agreed and

2 122A.CRI.WP.221-2024.odt accepted the same. The Petitioner appeared through Video Conferencing.

3.

In view of the observations of the Hon'ble Apex Court in the case of Gian Singh Vs. State of Punjab, reported in (2012) 10 SCC 303, wherein the Court observed that where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled, although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored, securing the ends of justice being the ultimate guiding factor. In this regard, a specific reference was made to offences arising out of matrimony, particularly relating to dowry, etc.

or a family dispute, where the wrong is basically to the victim but the offender and the victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable. The High Court may, within the framework of its inherent power, quash the criminal proceeding or criminal complaint or FIR if it is satisfied that on the face of such settlement, there is hardly any likelihood of the offender being convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated.

4.

In view of the above observations, the Petition deserves to be allowed. Accordingly, I proceed to pass the following order.

3 122A.CRI.WP.221-2024.odt

O R D E R

i.

The Writ Petition is allowed.

ii.

The First Information Report bearing Crime No. 120/2024 registered with Police Station, Jaripatka, Nagpur for the offence punishable under Sections 294 and 506 of the Indian Penal Code and Section 66 (C) of the Information Technology Act, is hereby quashed and set aside to the extent of the present Petitioner.

5.

Pending application/s, if any, shall stand disposed of accordingly.

(URMILA JOSHI-PHALKE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 27/01/2026 20:04:29