Dattatray Khandu Sawant v. State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1519 OF 2025 Mr. Dattatray Khandu Sawant Age : about 28 Years, Occ. Service, R/o. Flat No.104, Aarya Society, C-Wing, Talegaon Dabhade, Tal. Maval Dist. Pune ... Applicant V/s.

1.

The State of Maharashtra Through Hinjewadi Police Station, Dist. Pune 2.

Manoj Sanjay Dhanwate Age about 30 years, occ. Service, R/o. Marunji Vision Eternity Society, B-Wing-208, Tal Mulshi, Dist. Pune 3.

Madhuri Sanjay Dhanwate Age about 28 years,Occ. Service, R/o. Flat No.208, B-Wing, Vision Eternity Society, Tal. Mulshi, Dist. Pune ... Respondents ------ Mr. Suyash N. Khare a/w Mr. Siddharth N. Sutaria and Mr. Abhijit Aher for the Applicant.

Mrs. Kranti T. Hiwrale, A.P.P. for Respondent No.1-State. Mr. Harshwardhan M. Pawar for the Respondent Nos.2 and 3. Mr. Vikas Taktade, Police Sub-Inspector, Hijewadi Police Station, Pune. ------ 1/6

CORAM : REVATI MOHITE DERE & SANDESH D. PATIL, JJ.

DATE : 19th DECEMBER 2025 Oral Judgment : (Per Revati Mohite Dere, J.) 1) Heard learned Counsel for the respective parties. 2) Rule. Rule is made returnable forthwith. With the consent of the parties, the matter is taken up for final disposal. 3) Mrs. Kranti T. Hiwrale, learned A.P.P. waives notice on behalf of Respondent No.1-State and Mr. Harshwardhan M. Pawar, waives notice on behalf of the Respondent No.2.

4) By this Application, the Applicant seeks quashing of the F.I.R., registered vide C.R.No.47 of 2024, with the Hinjewadi Police Station, Pune, for the alleged offences punishable under Sections 336, 337, 427, 324, 323 and 279 of the Indian Penal Code, 1860 and Section 184 of the Motor Vehicles Act, 1988, as well as the chargesheet and the proceeding 2/6

pending before the learned J.M.F.C. Court, Pune, being S.C.C. No.36396 of 2025. Quashing is sought on the premise that the Applicant and the Respondent Nos.2 and 3 have amicably settled their dispute.

5) Perused the Application. At the outset, we note that the Applicant is the husband of the Respondent No.3 and the Respondent No.2 is the brother in law of the Applicant, i.e. brother of the Respondent No.3. According to the Respondent No.2, (original complainant), the incident took place on 15th January 2024 at 11.00 a.m. The Respondent No.2 has alleged that the Applicant came to their house and started quarreling with Respondent No.3, by stating that she should either accompany him to reside at his house or in the alternative grant him a divorce. It is further alleged that during the quarrel, the Applicant assaulted the Respondent No.2. Respondent No.2 further alleges that while he was removing his two wheeler from the parking area, the Applicant, who was driving a Toyota Glanza Car, intentionally rammed into the Respondent No.2's two wheeler, resulting in injuries to the Respondent No.2 and his sister. Pursuant thereto, the aforesaid F.I.R. came to be registered at the behest of the Respondent No.2, as against the Applicant. 3/6

6) During the pendency of the trial, the parties who are inter se related, amicably settled their dispute.

7) The Respondent Nos.2 and 3 have tendered their Affidavits of consent. In the Affidavit, tendered by the learned Counsel on behalf of the Respondent No.2, the Respondent No.2 has given his no objection for quashing of the F.I.R./Chargesheeet and the proceeding pending before the learned J.M.FC. Court, Pune. He has further stated that he has received Rs.5,00,000/- towards the medical expenses from the Applicant. Respondent No. 3 has also tendered her affidavit, though her Counsel. She too has given her no objection for quashing of the proceeding qua the Applicant, in view of the amicable settlement between the parties. Both the said Affidavits are taken on record. The Respondent Nos.2 and 3 appeared through V.C. Both reiterate what they have stated in their respective Affidavits. Learned Counsel for the Respondent Nos.2 and 3 have also tendered the PAN cards of both the said Respondents. Both are taken on record. The learned Counsel for the Respondent Nos. 2 and 3 has identified the said Respondents. 4/6

8) Considering the aforesaid amicable settlement between the parties, and having regard to the judicial pronouncements of the Apex Court in Gian Singh vs. State of Punjab & Anr.1 and Narinder Singh & Ors. vs. State of Punjab & Anr.2, there is no impediment in allowing the application.

9) Application is accordingly allowed and C.R.No.47 of 2024, dated 15th January 2024, registered with the Hinjewadi Police Station, Pune, for the offences punishable under Sections 336, 337, 427, 324, 323 and 279 of the Indian Penal Code, 1860 and Section 184 of the Motor Vehicles Act, 1988, as well as the chargesheet and the proceeding i.e. S.C.C. No.36396 of 2025, pending before the learned J.M.FC. Court, Pune, are quashed and set aside.

10) Rule is made absolute in the aforesaid terms. 11) Criminal Application is disposed of accordingly. (2012) 10 SCC 303 (2014) 6 SCC 466 5/6

12) All concerned parties to act an the authenticated copy of this order. (SANDESH D. PATIL, J.) (REVATI MOHITE DERE, J.) 6/6 RAJESH VASANT CHITTEWAN RAJESH VASANT CHITTEWAN Date: 2025.12.24 19:20:03 +0530