Suleman S/O Usman Patel v. State Of Maharashtra Thr Pso Of Ps Mankapur Dist Nagpur
1/2 908.APL.68.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 68 OF 2026 (Suleman Usman Patel & Ors. V/s The 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. Shaikh Gufrana Anjum, Advocate for Applicants.
Ms. S. V. Kolhe, APP for Non-applicant No.1/State.
Mr. Yusuf Jameel Sheikh, Advocate for Nonapplicant No.2. ---------------------------
CORAM
:
PRAVIN S. PATIL, J.
DATE :
JANUARY 21, 2026.
.
Heard.
2.
This matter is arising out of the Crime No. 292/2024 registered with Police Station, Nagpur City for the offence under Sections 498-A, 323, 504 read with Section 34 of Indian Penal Code. During pendency of the investigation, parties settled their dispute mutually. Accordingly, they have entered into the Settlement/Mutual Agreement dated 13/10/2025. The learned Counsel for both sides have verified the signatures of the Applicant No.1 and Non-applicant No.2.
3.
The Applicant No.1/husband and Non-applicant No.2/wife are present in the Court. During interaction with them, they have stated that as per the Agreement they are residing together.
2/2 908.APL.68.2026.odt 4.
The learned APP opposed the settlement between the parties on the ground that charge is already framed against the Applicants before the Trial Court, and therefore, compromise cannot be permitted in the matter.
5.
In view of this factual position and as per the law laid down by the Hon'ble Supreme Court of India in the case of B. S. Joshi and Others V/s State of Haryana and Another, (2003) 4 SCC 675 that in the cases of matrimonial dispute where the parties arose to compromise, then this Court should consider their settlement in terms of their Agreement and Section 320 of the Code of Criminal Procedure, 1973 would not be a bar to the exercise of powers of quashing of FIR.
6.
In the light of this factual or legal position, Regular Criminal Case No. 2952/2024 pending before the Judicial Magistrate First Class, Nagpur in connection with Crime No. 292/2024 for the offence punishable under Sections 498-A, 323, 504 read with Section 34 of Indian Penal Code is hereby quashed and set aside.
7.
Criminal Application stands disposed of in terms of Settlement/Mutual Agreement between the parties dated 13/10/2025.
[PRAVIN S. PATIL, J.] vijaya Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 22/01/2026 19:54:06