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Bombay High CourtAPPLN/1670/2025disposed off

Smitesh Ramesh Mane And Others v. The State Of Maharashtra And Another

2026-02-12Hon'Ble Shri Justice S. G. Chapalgaonkar3 pages

2026:BHC-AUG:7888-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1056 CRIMINAL APPLICATION NO. 1670 OF 2025 1.

Smitesh S/o Ramesh Mane [Husband], Age: 34 years, Occupation: Service, 2.

Meena Wo Ramesh Mane[Mother -in-law], Age: 69 years, Occupation: none 3.

Ramesh S/o Shankarrao Mane [Father-in-lawl, Age-79 years, Occupation: None, All above Residence of Gole Colony, Sharanpur Road, Tq and District Nashik ... Applicants

Versus

1.

The State of Maharashtra through, Police Station In-charge, Police Station Bazarpeth, Bhusawal, District: Jalgaon.

2.

Aishwarya Smitesh Mane [Wife] Age: 28 years, Occupation:Service & Advocate, Residence of Plot No. 32, Chandrama Building, Sant Dham, Jamer Road, Bhusawal, District : Jalgaon. ...Respondents ...

Advocate for Applicants : Mr. A.S. Shejwal APP for Respondents: Mr. K.B. Jadhavar Advocate for Respondent no.2: Mr. Shaikh Mohammad Naseer A. ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : February 12, 2026 FINAL ORDER :- 1.

Present application is filed for quashment of FIR no.0425 of 2023 dated 17.8.2023 registered with Police Station

Bazarpeth, Bhusawal, District Jalgaon for the offences punishable under sections 498-A, 323, 504, r/w 34 of the IPC and consequential proceeding in R.C.C. No.62 of 2024 pending before the learned Judicial Magistrate First Class, Bhusawal. 2.

On 7.10.2025 learned advocates appearing for the respective parties had requested this Court to refer the matter for mediation. Accordingly, Advocate Mr. Shrinivas A. Kulkarni was appointed for mediation. He submitted the report dated 17.11.2025 informing that parties have arrived at amicable settlement and terms of settlement/agreement are also made part of the communication. Apparently, applicants and respondent no.2 have amicably settled the dispute and decided to burry all pending cases in various Courts including R.C.C. No.62 of 2024, which is subject matter of the present application. The husband had agreed to pay an amount of Rs.9.00 Lakhs (Rs. Nine Lakh) towards the full and final settlement to the wife towards her all legal entitlements past, present and future including the permanent alimony and one time maintenance and all other miscellaneous and legal expenses. Office endorsement shows that demand draft dated 18.12.2025 of Rs.9 lakh is deposited with the Registry of this

Court. Parties are personally present before this Court, admits their signatures, affirmed contents of terms of settlement and volunteers that they have settled their disputes through mediation process out of their own free will, without any fear, force, coercion or undue influence.

3.

In light of the aforesaid developments and further considering terms of settlement between the parties, although offence under section 498-A is non-compoundable, in light of the law laid down by the Hon'ble Supreme Court in case of Narinder Singh & others vs. State Punjab and another reported in (2014) SCC 466, wherein it is held that if parties have settled the matrimonial dispute, inherent powers under section 482 of the Criminal Procedure Code can be exercised. In light of the foresaid exposition of law, case is made out to allow the application.

4.

In the result, the criminal application is allowed in terms of prayer clause "B" and disposed of.

5.

The amount deposited in this Court by applicant no.1 be disbursed to respondent no.2-wife.

( S. G. CHAPALGAONKAR, J. ) ...

AAA/-f