Yogeshkumar Gulabrao Malkhede v. State Of Maharashtra Thr Pso Ps Nandgao Peth, Amravati Dist Amravati
1/2 932.APL.48.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 48 OF 2026 (Yogeshkumar @ Yogesh Gulabrao Malkhede 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. M. V. Rai, Advocate for Applicant.
Mr. S. S. Nagrare, Advocate for Non-applicant No.2.
Ms. Soniya Thakur, APP for Non-applicant No.1. ---------------------------
CORAM
:
PRAVIN S. PATIL, J.
DATE :
JANUARY 21, 2026.
.
Heard.
2.
In the present matter, Applicant is seeking quashment of the Chargesheet No. 245/2025 dated 8/12/2025 and the proceeding bearing Regular Criminal Case No. 2496/2025 pending before the Judicial Magistrate First Class, Amravati for the offence punishable under Sections 117(2) 351(2) and 352 of Bhartiya Nyaya Sanhita, 2023.
3.
During the pendency of investigation, since the dispute was between the family members, same was settled with the help of elders of the family. Accordingly, the Complainant i.e. Non-applicant No.2 has filed the affidavit on record stating therein that in view of settlement between them, offence registered against the present Applicant can be set aside and he has no objection for the same.
2/2 932.APL.48.2026.odt 4.
The Applicant as well as Non-applicant No.2 are present in the Court and on Court query confirmed the fact of compromise between them.
5.
It is also pointed out that the offence under Sections 117(2) 351(2) and 352 of Bhartiya Nyaya Sanhita, 2023 registered against the present Applicant are compoundable with permission of the Court as per Section 69(2) of Bhartiya Nyaya Sanhita, 2023.
6.
Hence, considering the fact that the dispute in the present matter is between the family members and the same is settled amicably and the Non-applicant No.2 filed affidavit on record, I am of the opinion that such settlement can be accepted by invoking powers under Section 528 of Bhartiya Nyaya Sanhita. 7.
In view of above, Criminal Application is allowed. The Chargesheet No. 245/2025 dated 8/12/2025 and the proceeding bearing Regular Criminal Case No. 2496/2025 pending before the Judicial Magistrate First Class, Amravati for the offence punishable under Sections 117(2) 351(2) and 352 of Bhartiya Nyaya Sanhita, 2023 are hereby quashed and set aside.
8.
Since the Criminal Application is allowed, pending Criminal Application No. 116/2026 does not survive. The same stands disposed of accordingly.
[PRAVIN S. PATIL, J.] vijaya Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 22/01/2026 19:51:10