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Bombay High CourtAPL/1658/2025allowed

Deepak Suresh Rayalkar v. The State Of Maharashtra Thr Police Station Officer Kampti Ps Dist Nagpur

2026-02-24Hon'Ble Justice Urmila Joshi Phalke3 pages

2026:BHC-NAG:3277-DB 1 22.APL.1658-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO. 1658 OF 2025 ( Deepak s/o Suresh Rayalkar Vs.

State of Maharashtra, Thr. the Police Officer, Kamptee Police Station, District Nagpur & Anr. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.S. Wakode, Advocate for the Applicant.

Mr. Neeraj Jawade, APP for the Non-applicant No.1/State. Mr. S.S. Ali, Advocate h/f Mr. K.S. Dhoble, Advocate for the Non-applicant No.2. CORAM: URMILA JOSHI-PHALKE, J.

DATED : 24th FEBRUARY, 2026 1.

The present Application is preferred by the Applicant for quashing of the FIR in connection with Crime No.85/2025 registered with Police Station, Kamptee, District Nagpur for the offence punishable under Sections 354-A(2), 354(D), 506 of the Indian Penal Code (Charge-sheet No.64/2025) and consequent proceeding arising out of the same bearing R.C.C. No.158/2025.

2.

The crime is registered on the basis of a report lodged by the Informant/Non-applicant No.2 on an allegation that the present Applicant has threatened her by sending Whats App message that if she fails to keep relations with him he will commit suicide. On the basis of the said report Police have registered the crime against the present Applicant.

2 22.APL.1658-2025.odt 3.

During the pendency of this Application, the Applicant and the Non-applicant No.2 arrived at a settlement and the affidavit is also filed by the Non-applicant No.2 in support of her contention. The said affidavit shows that, she has arrived at a compromise and decided to amicably settle the dispute between the present Applicant and she don't want to proceed with this Application and criminal proceedings. She is present before the Court and the contents of the affidavit are verified from the Non-applicant No.2 and the Applicant is also present before the Court and he has also accepted the terms and conditions of the said settlement. 4.

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

3 22.APL.1658-2025.odt 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.

5.

In view of the above observations, the Application deserves to be allowed. Accordingly, 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. 85/2025 registered with Police Station, Kamptee, District Nagpur for the offence punishable under Sections 354-A(2), 354(D), 506 of the Indian Penal Code (Charge-sheet No.64/2025) and consequent proceeding arising out of the same bearing R.C.C. No.158/2025, are hereby quashed and set aside to the extent of the present Applicant.

6.

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: 25/02/2026 18:31:15