Mahesh Anandrao Punde And 2 Others v. State Of Mah. Thr. Pso Ps Awadhutwadi Dist.Yavatmal And Another
2026:BHC-NAG:4971-DB 1 50.APL.1056-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO. 1056 OF 2024 ( Mahesh Anandarao Punde & Ors.
Vs.
State of Maharashtra, Thr. its P.S.O., Police Station, Awadhutwadi, District Yavatmal (City) & Anr. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. K.R. Bhise, Advocate for the Applicants.
Mr. N.B. Jawade, APP for the Non-applicant No.1/State. Ms. Shruti Najbile, Advocate for the Non-applicant No.2. CORAM: URMILA JOSHI-PHALKE, J.
DATED : 25th MARCH, 2026 1.
The present Application is preferred by the Applicants for quashing of the FIR in connection with Crime No.274/2024 registered with Police Station Awadhutwadi District Yavatmal for the offence punishable under Sections 498-A, 504, 506, 323 of the Indian Penal Code. 2.
The crime is registered on the basis of the report lodged by the Non-applicant No.2 on an allegation that her marriage was performed with the Applicant No.1 on 28.06.2023. After marriage she resumed the cohabitation at the house of the present Applicants, however, one or the other reason she was subjected for physical and mental harassment, and therefore, she constrained to leave the matrimonial house and lodged the report. On the basis of the said report, Police have registered the crime against the present Applicants.
3.
During the pendency of this Application, the matter was referred for mediation. The matter is settled
2 50.APL.1056-2024.odt amicably during the mediation process and it was decided by the Applicant No.1 and Non-applicant No.2 to obtain the decree of dissolution of marriage. Accordingly, they have already preferred an application, other proceedings are already withdrawn and lumpsum amount towards maintenance is already paid to the Non-applicant No.2. The Non-applicant No.2 is present before this Court. I have personally verified from her. She agreed and accepted the contents of the agreement terms.
4.
At this stage, 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.
3 50.APL.1056-2024.odt of the offender being convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated.
5.
In view of the above observations and considering that the criminal law is set in motion on the basis of the report lodged, the entire Police machinery have spared their time for the investigation of the said crime as well as the Court has also spared the time, therefore the Application deserves to be allowed subject to the cost. In view of that, I proceed to pass the following order.
O R D E R
i.
The Application is allowed.
ii.
The First Information Report bearing Crime No. 274/2024 registered with Police Station Awadhutwadi District Yavatmal for the offence punishable under Sections 498-A, 504, 506, 323 of the Indian Penal Code, is hereby quashed and set aside to the extent of the present Applicants, subject to the cost of Rs.10,000/- by the Applicants, to be paid to the "Public Welfare Account" in Account No. 129712010001014 IFSC Code : UBIN0812978 Union Bank of India, Branch High Court, Civil Lines, Nagpur.
iii.
The order will come into effect on depositing the costs.
6.
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: 30/03/2026 10:46:06