Amol Rameshwar Shingane And Others v. State Of Maharashtra And ANR.

2026:BHC-NAG:4129-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 171 OF 2025 1.

Amol Rameshwar Shingane Aged- years, Occ: Agriculturist R/o- Chincholi Tq. Anjangaon, Surji Dist. Amravati;

2.

Rameshwar Vishwanath Shingane Aged-78 years, Occ: Agriculturist, R/o - Chincholi Shingne, Post: Khallar, District - Amravati;

3.

Alka Ravindra Pande Aged - 40 years, Occ - Household R/o Jaltare Plot, Vasudeo Apartments, Akot.

Tq. Akot, District - Akola;

4.

Sheetal Subhashrao Thakre Aged - 47 years, Occ: Household R/o Sai Vihar Residency, A/103, Near Hariya School, Hariya Park, Dungra, Vapi, Gujarat;

5.

Nilesh Mahadeorao Raut Aged - 41 years, Occ: Agriculture R/o Village Khurmabad, Tq. Daryapur, District - Amravati;

6.

Manohar Dadarao Kawre Aged - 72 years, Occ: Agriculture R/o - Shantisadar Colony, Shegaon Road, Amravati. Tq and District - Amravati;

7.

Surasksha Arun Gawande Aged - 41 years, Occ: Household R/o-Datri, Post - Takli, Murtizapur Tq Murtizapur, District - Akola;

8.

Vibha Shrikrishna Dabhade Aged - 46 years, Occ: Household R/o- Sategaon, Anjangaon Surji.

Tq.Anjangaon Surji, Dist- Amravati;

9.

Shobha Dhananjay Kalpande Aged - 44 years, Occ: Household APPLICANTS

R/o-Umri Bazaar, Daryapur, Tq. Daryapur, District - Amravati.

// V E R S U S // 1.

The State of Maharashtra, Through Police Station Officer, Akot Gramin (Rural), Akola Tq and District - Akola.

2.

Shilpa Amol Shingane Aged - 35 years, Occ - Household R/o - Sawra, Akot Gramin (Rural) Tq. Akot, District - Akola.

NON-APPLICANTS ------------------------------------------------------------------------------------------- Mr. Vipul Bhise, Advocate for the applicants. Mr. N.B. Jawade, APP for non-applicant No.1 /State. Mr. A.P. Thakare, Advocate for non-applicant No.2. ----------------------------------------------------------------------------------------- CORAM : URMILA JOSHI PHALKE, J.

DATED : 07 .03.2026 O R A L J U D G M E N T :

1.

Heard.

2.

ADMIT. Taken up for final disposal with the consent of learned counsel for the parties.

3.

The present application is preferred by the applicants for quashing of the First Information Report in connection with crime No.173/2018 registered with the non-applicant No.1 Police Station Akot under Sections 498-A, 323, 504 and 34 of the of the

Indian Penal Code and consequent proceeding arising out of the same bearing charge-sheet No.21/2018 4.

The crime is registered on the basis of report lodged by non-applicant No.2 on an allegation that her marriage was performed with applicant No.1 Amol in the year 2006. After marriage, she resumed the cohabitation but on the unlawful demands she was ill treated as well as applicant No.1 was addicted to bad vices and therefore, she constrained to leave the matrimonial house. After registration of crime investigating agency has investigated the matter and filed the charge-sheet. 5.

During pendency of this application both the parties have arrived at a settlement. They have decided to obtain the decree of divorce. Accordingly Civil Judge, Senior Division, Akot has passed the decree of dissolution of marriage and hence they have also filed compromise pursis before this Court. The contents of the compromise are verified from them. They have agreed and accepted the same. As observed by the Hon'ble Apex Court in the case of Gian Singh vs State of Punjab reported in (2012) 10 SCC 303 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.

6.

Hence, I proceed to pass the following order:-

ORDER

(i) The Criminal Application is allowed.

(ii) TheFirst Information Report in connection with crime No.173/2018 registered with the non-applicant No.1 Police Station Akot under Sections 498-A, 323, 504 and 34 of the of the Indian Penal Code and consequent proceeding arising out of the same bearing Charge-sheet No.21/2018 is quashed and set aside to the extent of applicants. 7.

The criminal application stands disposed of in the above said terms.

Pending applications, if any, also stand disposed of. (URMILA JOSHI PHALKE, J.) manisha Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 12/03/2026 10:39:24