Akash Vishnupant Patile v. The State Of Maharashtra Thr Pso Ps Morshi Amravati And ANR.

2026:BHC-NAG:1500-DB 43 apl 1076.25.odt..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 1076 OF 2025 Akash Vishnupant Patile .Vs.

State of Maharashtra and another __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr M.N. Ali, Advocate for the applicant.

Mr. A.M. Kadukar, APP for State.

Ms Pooja Sarode, Advocate for non-applicant No.2. CORAM : URMILA JOSHI PHALKE, J.

DATED :

29.01.2026 Heard learned counsel for the parties.

2.

Learned counsel for the applicant submits that matrimonial dispute between the applicant and the nonapplicant No.2 is settled between the parties. Accordingly, petition No.A-239/2023 has filed by the present applicant and non-applicant No.2 in Family Court No.3, Nagpur on 12.11.2024 in which a decree of divorce by mutual consent is granted by the Family Court.

3.

In view of the amicable settlement between the parties and in view of the observations of 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

43 apl 1076.25.odt..odt 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 the application deserves to be allowed. 4.

In view of the amicable settlement between the parties, there is no propriety to continue the proceedings of FIR No.318/2022 registered with the PSO PS Morshi, District Amravati for the offence punishable under Sections 498-A, 504, 506 and 34 of the Indian Penal Code and the said FIR is therefore, quashed and set aside.

5.

Criminal Application is disposed of.

(URMILA JOSHI PHALKE, J.) manisha Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 30/01/2026 15:49:41