Shri. Sudhir S/O Jayram Meshram And Others. v. The State Of Maharashtra Thr Pso Ps Wardha City Wardha And Others

2026:BHC-NAG:2124-DB 1 61.APL.1129-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO. 1129 OF 2025 ( Shri Sudhir S/o Jayram Meshram & Ors.

Vs.

State of Maharashtra, Thr. Police Station Officer, Police Station Wardha City, Wardha & Ors.) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. B.H. Tekam, Advocate for the Applicants.

Ms. M.A. Barabde, APP for the Non-applicant No.1/State. Mr. N.S. Padia, Advocate for the Non-applicant Nos.2 & 3. CORAM: URMILA JOSHI-PHALKE, J.

DATED : 6th FEBRUARY, 2026 1.

The present Application is preferred by the Applicants for quashing of the FIR in connection with Crime No.1280/2024 registered with Police Station, Wardha, District Wardha for the offence punishable under Sections 316(2), 318(4), 336(3), 340(2) and 3(5) of the Bharatiya Nyay Sanhita (BNS), 2023 and the consequent proceeding arising out of the same bearing R.C.C. No. 852/2025. 2.

The crime is registered on the basis of the report lodged by the Informant/Non-applicant No.2 on an allegation that the Informant is the farmer and his wife is the School Teacher. In the month of October 2020, the Managing Group of M/s. S.S.V. Agro Products Private Limited, Bhandara had visited the Hotel Vidyadeep Regency, Wardha and given

2 61.APL.1129-2025.odt information to the Informant about how fishery business giving high returns and profits alongwith agriculture and induced him to invest the amount. Accordingly, they both have invested the amount and thereafter they were deceived by the present Applicants by obtaining the investment amount. On the basis of the said report Police have registered the crime against the present Applicants. During investigation, the Investigating Officer has recorded the relevant statements of the witnesses and after completion of the investigation the charge-sheet was submitted.

3.

During the pendency of this Application, the parties arrived at a settlement. The parties have also filed joint affidavit before this Court contending the terms of the settlement. The terms of the settlement are verified from the Informants i.e. Non-applicant Nos. 2 and 3 as well as the Applicants who are present before this Court. 4.

They have agreed and accepted the terms and conditions of the settlement and the Informants personally stated that now they do not have any grievance regarding any investment amount. On perusal of the investigation papers it reveals that, except the Non-applicant Nos. 2 and 3 there are no other investors as far as the investment in the said company is concerned. Thus, the dispute between the present Applicants and Non-applicant Nos. 2 and 3 is purely personal in nature.

5.

At this stage, the observations of the Hon'ble Apex Court in the case of Gian Singh Vs. State of Punjab, reported

3 61.APL.1129-2025.odt in (2012) 10 SCC 303, wherein the Court observed 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.

In view of the above observations of the Hon'ble Apex Court and considering the facts of the present case, admittedly the dispute is private in nature and it would not effect the members of the society. At the same time, the criminal law is set in motion on the basis of the report lodged, the entire Police machinery have spared their valuable time for the investigation of the said crime as well as the Court has also spared the valuable time, therefore the Application

4 61.APL.1129-2025.odt deserves to be allowed subject to the cost. In view of that, I proceed to pass the following order.

O R D E R

i.

The Application is allowed.

ii.

The First Information Report bearing Crime No. 1280/2024 registered with Police Station, Wardha, District Wardha for the offence punishable under Sections 316(2), 318(4), 336(3), 340(2) and 3(5) of the Bharatiya Nyay Sanhita (BNS), 2023 and the consequent proceeding arising out of the same bearing R.C.C. No. 852/2025, are hereby quashed and set aside to the extent of the present Applicants, subject to the cost of Rs.20,000/- by the Applicants to be paid to the "Public Welfare Account" in Account No. 129712010001014 IFSC Code : UBIN0812978 Union Bank of India, Branch High Court, Civil Lines, Nagpur.

iii.

This order will come into operation after the compliance is reported to this Court.

iv.

Liberty is granted to the Informants to withdraw the amount of Rs. 2 Lakhs which is deposited by the Applicant No.3 in Criminal Application (ABA) No. 842/2024 dated 07.03.2025. The said amount to be disbursed to the Informants on due identification and verification.

7.

Pending application/s, if any, shall stand disposed of accordingly.

(URMILA JOSHI-PHALKE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 09/02/2026 18:02:46