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Bombay High CourtAPPLN/1942/2025application allowed

Aditya Sanjay Chavan v. The State Of Maharashtra And Another

2026-01-06Hon'Ble Shri Justice S. G. Chapalgaonkar4 pages

2026:BHC-AUG:6745-DB (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1942 OF 2025 Aditya S/o. Sanjay Chavan Age: 22 years, Occ. Education, R/o. Plot No. 61-A, New Shanti Niketan Society, Jawahar Colony, Chhatrapati Sambhajinagar.

..APPLICANT (Original Accused)

VERSUS

1.

The State of Maharashtra Through its Investigation Officer, Satara Police Station, Chhatrapati Sambhajinagar.

2.

Charansingh S/o. Jaysingh Jadhav Age: 41 years, Occu. Business, R/o. Girnar Tanda, At present Alok Nagar, Satara Parisar, Chhatrapati Sambhajinagar.

Mob. No. 9822024774.

..RESPONDENT (Ori. Complainant) ...

Advocate for Applicant : Mr. N.B. Narwade APP for Respondent/State : Mr. S.R. Yadav Lonikar Advocate for Respondent No.2 : Mr. K.K. Katariya ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : JANUARY 06, 2026 FINAL ORDER :- 1.

The applicant/accused seeks quashment of FIR in Crime No.189 of 2025 registered with Police Station Satara, Chhatrapati Sambhajinagar for the offences punishable under Sections 281, 118 (2), 126 (2) of Bhartiya Nyaya Sanhita, 2023.

(2) 2.

By way of amendment, the applicant has incorporated the prayers for quashment of criminal proceedings in S.C.C. No.11767 of 2025 pending before the Judicial Magistrate First Class at Aurangabad.

3.

The law is set in motion on the basis of information given by respondent no.2. It is alleged that on 04.05.2025 while informant was driving his water tanker, a car dashed on rear side of tanker. Thereafter, the car driver put his car across the way of tanker and took away the keys. He raised assault by knife on hand and chest of informant. The informant approached Police Station Satara. He was referred to government hospital. It is therefore alleged that accused has committed offence punishable under Section 279, 326, 341 of the Indian Penal Code. Eventually, S.C.C. No.11767 of 2025 has been registered and pending before the Judicial Magistrate First Class at Aurangabad.

4.

The applicant/accused filed present application under Section 528 of Bhartiya Nyaya Sanhita, 2023. In response to notice of this application, respondent no.2 caused appearance through an advocate and filed affidavit in reply stating that FIR has been lodged due to sudden provocation and misunderstanding in the heat of anger. Now, informant and applicant have cordial relations. Their families are known to each other since last 50 years and to avoid further litigation and complication, they have amicably and unconditionally

(3) settled the dispute on intervention of respectable persons from their community. Respondent no.2 states that he withdraws allegations against applicant/accused. Learned advocates for respective parties made submissions accordingly and urge to quash and set aside criminal proceeding.

5.

Perusal of FIR and contents of charge sheet particularly medical certificate show that respondent no.2/informant has suffered simple injuries attributed to use of hard and blunt object. No injury corresponding to use of sharp weapon like knife is discernible from medical record. This Court finds that no offence under Section 326 would be attributable in facts of present case. In this background, possibility of conviction is remote and continuation of criminal proceeding would be futile exercise hence, it would be appropriate to quash criminal proceeding in light of law laid down by Hon'ble Supreme Court of India in case of Narinder Singh and Ors Vs. State of Punjab and Ors in Criminal Appeal No.686 of 2024 decided on 27.03.2014.

6.

At this stage, learned APP submits that police machinery was unnecessarily exerted on the basis of FIR lodged by respondent no.2. Now, they have settled dispute out of the Court. Hence, some cost needs to be imposed. There is substance in contention of learned APP.

(4) 7.

In result, application is allowed in terms of prayer clause (B), (B-1) and (B-3), subject to condition that the applicant and respondent no.2 deposit cost of Rs.10,000/- each to Government Cancer Hospital, Chhatrapati Sambhajinagar.

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