Krunal S/O Dipak Bhandarke v. Satate Of Maharashtra Thr Pso Ps Sakkardara Nagpur Dist Nagpur And ANR.
2026:BHC-NAG:5863
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION APL NO.647/2026 Krunal s/o Dipak Bhandarke and anr ..vs..
State of Mah., thr.PSO PS Sakkardara, Nagpur, District Nagpur-440024 and anr AND CRIMINAL APPLICATION APL NO.650/2026 Pradip Krushnarao Nagrare and ors ..vs..
State of Mah., thr.PSO PS Sakkardara, Nagpur, District Nagpur-440024 and anr ............................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................... APL No.647/2026 Shri A.A.Sambaray, Counsel for Applicants.
Shri N.B.Jawade, APP for the State.
APL No.650/2026 Shri R.R.Pimpalkhute, Counsel for Applicants. Shri N.B.Jawade, APP for the State.
CORAM : URMILA JOSHI-PHALKE, J.
DATE : 02/04/2026 1.
By application (APL No.647/2026), applicants are seeking quashing of FIR in connection with Crime No.0008/2026 registered with non-applicant No.1 police station for offences under Sections 115(2), 118(1), and 3(5) of the BNS 2023. 2.
By application (APL No.650/2026), applicants are seeking quashing of FIR in connection with Crime No.0007/2026 registered with non-applicant No.1 police station for offences under Sections 25 and 4 of the Arms Act, 1959 and under Sections 115(2), 118(1), 3(5), and 352 of the BNS 2023. .....2/-
3.
The cross complaints are filed against each other by applicants and complainants in both applications on allegations that on 5.1.2026, at a public place, on a trifle reason, there were exchange of words between them and during exchange of words, they assaulted each other by means of cricket bats and swords. 4.
During the pendency of these applications, both parties have arrived at a settlement. A joint affidavit is filed on record. Terms and contents of the affidavit are verified from both parties. They have agreed and accepted the terms and conditions of the settlement.
5.
It is submitted that on trifle reasons, the incident has taken place. Both parties are residing at the same place and, therefore, for the purpose of maintaining cordial relationship between them, they want to settlement the dispute. 6.
Admittedly, the offence is not heinous in nature and, therefore, the prayer can be considered.
7.
The Hon'ble Apex Court in the case of Gian Singh Vs. State of Punjab and anr, reported in (2002) 10 SCC 303 observed that, "where High Court quashes a criminal proceeding having regard to the fact that dispute between the offender and victim has been settled although 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 .....3/-
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 the matrimony particularly relating to dowry etc. or family dispute where the wrong is basically to victim and the offender and 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 proceeding or criminal complaint or F.I.R if it is satisfied that on the face of such settlement, there is hardly any likelihood of offender being convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated." 8.
In view of the above observations of the Hon'ble Apex Court, the present applications deserve to be allowed. At the same time, considering the entire police machinery was set into motion after registration of the crime as well as valuable time of this court as well as the various courts is spent in litigating or adjudicating the said matter, the present applications are allowed, subject to costs and, therefore, following order is passed:
ORDER
(1) Both criminal applications are allowed.
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(2) In criminal application APL No.647/2026, FIR in connection with Crime No.0008/2026 registered with non-applicant No.1 police station for offences under Sections 115(2), 118(1), and 3(5) of the BNS 2023 is hereby quashed to the extent of present applicants subject to costs of Rs.10,000/- to be deposited by applicants.
(3) In criminal application APL No.650/2026, FIR in connection with Crime No.0007/2026 registered with non-applicant No.1 police station for offences under Sections 25 and 4 of the Arms Act, 1959 and under Sections 115(2), 118(1), 3(5), and 352 of the BNS 2023 is hereby quashed to the extent of present applicants subject to costs of Rs.10,000/- to be deposited by present applicants.
(4) The said costs be deposited with the "Public Welfare Account", having Account No.129712010001014 (IFSC Code : UBINo.812978).
(5) Needless to mention that, this order will come into effect after depositing the said costs.
Applications stand disposed of.
(URMILA JOSHI-PHALKE, J.) !! BrWankhede !!
Signed by: Mr. B. R. Wankhede Designation: PS To Honourable Judge Date: 16/04/2026 11:24:01 ...../-