Sudarshan Gangadhar Landge And Others v. The State Of Maharashtra And Another

2026:BHC-AUG:18239 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1487 OF 2026 Sudarshan Gangadhar Landge And Others

VERSUS

The State Of Maharashtra And Another ...

Advocate for Applicants : Mr. Dixit Sushant V. APP for Respondent/State : Mr. S.N. Kendre Advocate for Respondent No.2 : Mr. Md. Asif Iqbal Siddiqui M.T. ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : APRIL 23, 2026 PER COURT :- 1.

Present application is filed seeking quashment of FIR No.165 of 2023 registered with Osmanpura Police Station, Taluka and District Aurangabad for offences punishable under Sections 498-A, 323, 504, 506 r/w 34 of Indian Penal Code and Section 3 and 4 of Dowry Prohibition Act, 1961. The applicants also pray to quash and set aside charge sheet and further proceedings in R.C.C. No.2020 of 2024 pending before Judicial Magistrate First Class, Aurangabad. 2.

Today, respondent no.2 is personally present before Court and tenders affidavit in reply. Paragraph Nos.2 and 3 of said affidavit in reply reads thus :

"2) I say that, the Parties have with the intervention of family members and well-wishers, amicably resolved their disputes and decided to dissolve their marriage by mutual consent and settle all claims permanently. In furtherance of such compromise, applicant no. 1 and present deponent has already filed petition seeking divorce by mutual consent before Ld. Family Court, Aurangabad. In the said proceedings,

(2) consent terms are already placed on record wherein it is agreed by parties that present deponent would give consent for quashing of the F.I.R. dated 31.08.2023 registered as Crime No.165/2023 with Osmanpura Police Station, Tq. and District Aurangabad, chargesheet no. I 95/2024 dated 22.08.2024, R.C.C. no. 2020/2024 pending before Ld. Judicial Magistrate First Class, Aurangabad for offences punishable U/Sec. 498 (A), 323, 504, 506 r/w 34 of Indian Penal Code and section 3 and 4 of Dowry Prohibition Act and order below exh. 1 dated 21.10.2024 passed by Ld. Judicial Magistrate First Class, Aurangabad in R.C.C. No. 2020/2024. It is also agreed that after disposal of present application and criminal application no.1546/2024, demand draft of Rs.2.5 lakhs would be given to present deponent towards full and final settlement of her claim.

Copy of compromise deed and consent terms is annexed herewith and marked as EXHIBIT R1 colly. 3) I say that, it is therefore, prayed that present criminal application be allowed and the F.I.R. dated 31.08.2023 registered as Crime No.165/2023 with Osmanpura Police Station, Tq. and District Aurangabad, chargesheet no. I 95/2024 dated 22.08.2024, R.C.C. no. 2020/2024 pending before Ld. Judicial Magistrate First Class, Aurangabad for offences punishable U/Sec. 498 (A), 323, 504, 506 r/w 34 of Indian Penal Code and section 3 and 4 of Dowry Prohibition Act and order below exh. 1 dated 21.10.2024 passed by Ld. Judicial Magistrate First Class, Aurangabad in R.C.C. No. 2020/2024 be quashed and set aside."

3.

Learned advocates appearing for respective parties submit that in view of amicable settlement of matrimonial dispute between parties, FIR and consequential proceeding deserves to be quashed and set aside. Learned advocate appearing for applicants tendered copy of order dated 21.04.2026 passed in Criminal Application No.1546 of 2024, whereby this Court quashed and aside FIR and further proceeding in R.C.C. No.2020 OF 2024 to the extent of accused nos.4 and 5.

4.

Reference can be given to law laid down by Hon'ble Supreme Court in case of Narinder Singh and Others Vs. State of

(3) Punjab and another reported in (2014) 6 SCC 466, particularly para 31 which reads thus :

"31.

Where criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationships or family disputes should be quashed when the parties have resolved their entire disputes among themselves. The possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases." 5.

In light of law laid down by Hon'ble Supreme Court in case of Narinder Singh (supra), this Court finds that case is made out for quashment of FIR and consequential proceeding. 6.

Hence, application is allowed in terms of prayer clause (B) and (C).

(S.G. CHAPALGAONKAR, J.) Mujaheed//