Sachin Ganesh Vaidya v. The State Of Maharashtra Thr Ps Sadar Nagpur And ANR.
1/4 940.apl.1303.2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 1303 OF 2025 (Sachin Ganesh Vaidya V/s State of Maharashtra & Anr.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S. H. Nagrale, Advocate for Applicant.
Mr. M. M. Awode, Advocate for Respondent No.2.
Ms. Shamsi Haider, APP for Respondent No.1/State.
--------------------------- CORAM :
URMILA JOSHI-PHALKE AND PRAVIN S. PATIL, JJ.
DATE :
DECEMBER 04, 2025 .
Heard.
2.
This Application is preferred by the Applicant for quashing of the First Information Report in connection with the Crime No. 350/2022 for the offence punishable under Sections 294 and 506(2) of the Indian Penal Code.
3.
The crime is registered on the basis of a report lodged by the Respondent No.2 on an allegation that on 24/8/2022 when he was present in the meeting along with the other members in Zilla Parishad, the present Applicant abused him in a filthy language and thereby an offences punishable under Section 294 and 506(2) of Indian Penal Code.
2/4 940.apl.1303.2025.odt 4.
Heard learned Counsel for the Applicant, who submitted that during the pendency of this Application, both the parties arrived at settlement and now complainant do not want to proceed with the complaint filed by him. In view of that, they be permitted to settle the matter and First Information Report be quashed in view of the settlement.
5.
The parties are present before the Court. The contents of settlement are verified from them. They have accepted and agreed the terms and conditions of the settlement. 6.
In view of the observation of the Hon'ble Apex Court in the case of Gyan Singh V/s State of Punjab and Anr. (2012) 10 Supreme Court Cases 303, wherein the Hon'ble Apex 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.
7.
In this regard, a specific reference was made to offences arising out of matrimony, particularly relating to dowry etc. or family disputes, where the wrong is basically to the victim
3/4 940.apl.1303.2025.odt but the offender and victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable.
8.
The similar view is taken by the Hon'ble Apex Court in the case of Naushey Ali and Others V/s State of Uttar Pradesh and Another (2025) 4 SCC 78, wherein the Hon'ble Apex Court observed that proceeding with the trial when the parties have amicably resolved the dispute, would be futile and the ends of justice require that the settlement be given effect by quashing the proceedings.
9.
In view of the above observations of the Hon'ble Apex Court and the parties have already settled the dispute, which is private in nature, in view of that, Application deserves to be allowed. Accordingly, we proceed to pass following order.
ORDER
1. Criminal Application is allowed.
2. First Information Report in connection with Crime No.350/2022 registered under Sections 294 and 506(2) of Indian Penal Code, chargesheet No. 212/2022 and the consequent proceeding bearing Regular Criminal Case No. 3884/2022 are hereby quashed and set aside to the extent of the present Applicant.
4/4 940.apl.1303.2025.odt
3. The Criminal Application is disposed of accordingly. [PRAVIN S. PATIL, J.] [URMILA JOSHI-PHALKE] vijaya Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 05/12/2025 14:10:57