Pramod Purushottam Komalwar And Others v. The State Of Maharashtra And Another

2026:BHC-AUG:7272 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.651 OF 2026 Pramod s/o Purushottam Komalwar & ors.

... APPLICANTS

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Mr. S.K. Chavan, Advocate for applicants Mr. A.R. Kale, A.P.P. for respondent No.1 - State Mr. U.B. Bilolikar, Advocate for respondent No.2 .......

CORAM : SACHIN S. DESHMUKH, J.

DATE : 17th FEBRUARY, 2026 PER COURT :

1.

By this Criminal Application, the applicants have approached this Court for quashment of the F.I.R. bearing Crime No.58/2023, registered with Islapur Police Station, District Nanded for the offences punishable under 323, 498-A, 504, 506 read with Section 34 of the Indian Penal Code and the consequential proceedings of R.C.C. No.74/2023, pending before the learned Judicial Magistrate, First Class, Kinwat, District Nanded.

:: 2 ::

2.

Brief facts of the case are as follows :- The respondent No.2 lodged F.I.R. alleging that her marriage was solemnized with the present applicant No.1 on 13/7/2016. At the time of marriage, her father had given Rs.12 Lakhs to her husband as dowry and 9 Tolas of gold ornaments to her and household articles like washing machine, Sofa, dressing table, Cooler etc. She was treated well by her in-laws for 2 to 2 1⁄2 years. The couple is blessed with a son. However, thereafter her husband started drinking liquor daily and beating her. There used to be quarrels among her and her in-laws on petty issues. It is alleged that, she was kept under starvation. Thereafter there was demand of Rs.10 Lakhs from her parents for purchasing of car and she along with her minor son were assaulted by fists and kicks on 21/4/2020 at about 11.00 a.m. and threatened to kill both of them. Therefore, on 21/4/2020 she came to her father's house along with her minor son and since then residing at her father's house. 3.

Learned counsel for the applicants submits that, the parties have arrived at amicable settlement and the respondent No.2 has agreed to withdraw the proceedings filed before the

:: 3 ::

Family Court, Nanded bearing No.E/100/2021 and also the PWDVA Proceeding No.85/2023 pending before the learned Judicial Magistrate, First Class, Nanded. The respondent No.2 has given consent for quashing of R.C.C. No.74/2023 and has also given consent for mutual divorce to the applicant no.1 in HMP No.119/2023, which is pending before the learned 6th Jt. Civil Judge, Senior division, Chandrapur. The custody of the child will remain with the respondent No.2 and has further agreed to withdraw Civil Misc. Application No.14/2022 pending before the learned Principal District Chandrapur, for custody of child i.e. son. 4.

The applicant No.1 has agreed for withdrawal of proceedings of R.C.S. No.201/2025 pending before the learned Civil Judge, Senior division, Chandrapur for recovery of compensation/ damages. The applicant No.1 has further agreed to provide documents, if equired for purpose of education and for Caste Validity of the son. The applicant No.1 would deposit amount of Rs.43 Lakhs through D.D. No.116672 in the name of the Registrar of this Court towards full and final settlement for maintenance of the respondent No.2 and the son. The respondent No.2 henceforth will not claim any amount of maintenance from the applicant no.1 for herself or for her son as of today and in future.

:: 4 ::

5.

The parties have further agreed that, they will not file any case against each other in future. The respondent No.2 has further agreed that, the amount deposited by the applicant No.1 in this Court will not be withdrawn unless and until all the cases pending before different Courts are withdrawn and after filing proof of withdrawal of the cases. As such, prayed to quash the proceedings.

6.

Learned counsel for the respondent No.2 affirms the terms, and the respondent No.2 has signed on the compromise pursis.

7.

In view of the aforesaid facts, and considering that the dispute is matrimonial in nature and the parties have amicably settled the dispute and have arrived at a compromise stating that the parties will withdraw all the proceedings pending between each other and will not file any case against each other in future, the continuance of proceedings would definitely lead to abuse of process of law. Hence, I am inclined to exercise inherent powers under Section 482 of the Criminal Procedure Code to meet the ends of justice.

:: 5 ::

8.

Hence the following order :

O R D E R

(i) The Criminal Application is allowed.

(ii) The F.I.R. bearing Crime No.58/2023, registered with Islapur Police Station, District Nanded for the offences punishable under 323, 498-A, 504, 506 read with Section 34 of the Indian Penal Code and the consequential proceedings of R.C.C. No.74/2023, pending before the learned Judicial Magistrate, First Class, Kinwat, District Nanded are quashed.

(SACHIN S. DESHMUKH, J.) fmp/