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2025 Supreme(Online)(Bom) 6553

BOMBAY HIGH COURT
SMT. VIBHA KANKANWADI, SUSHIL M. GHODESWAR, JJ
Mohammad Muzammil S/o Mohammad Nazir – Appellant
Versus
The State of Maharashtra Through Police Station Jinsi – Respondent
CRIMINAL APPLICATION NO.2453 OF 2025



Advocates:
For the Appellants/Petitioners: Mr. H. D. More
For the Respondents: Mrs. P. R. Bharaswadkar, Mr. R. G. Tupe

The court upheld that amicable settlement by conflicting parties can lead to quashing non-compoundable offences, emphasizing future conduct consistency.

Headnote:(A) Bharatiya Nyaya Sanhita, 2023 - Sections 109, 118(2), 118(1), 115(2), 352, 351(2), 351(3) & Maharashtra Police Act, 1951 - Quashing of FIR concerning non-compoundable offences - Parties settled their dispute amicably and pledged not to engage in future conflicts - The court can exercise discretion to quash proceedings under certain conditions, despite the nature of the offence. (Paras 1, 2, and 3)

Facts of the case:
Applicants sought to quash an FIR for serious offences, claiming to have settled matters amicably with the respondents, wishing to maintain good relationships.

Findings of Court:
The court considered the injuries but allowed quashing under conditional settlement terms due to amicable resolution among parties.

Issues: The court addressed whether to accept settlement terms despite the serious nature of the charges against the applicants.

Ratio Decidendi: The court ruled that when parties agree not to engage in criminal activity again and settle their disputes, it may warrant quashing charges, taking into account the seriousness of the injuries sustained but giving precedence to the settlement.

Result: Criminal Application stands allowed.

Table of Content
1. parties settled their dispute amicably. (Para 1 , 2)

ORDER :

. Present application has been filed for quashing the FIR vide Crime No.332 of 2024 dated 23.12.2024 registered with Jinsi Police Station, Taluka and District Aurangabad as well as the proceedings in Regular Criminal Case No.1557 of 2025 pending before the learned IIIrd Judicial Magistrate First Class, Aurangabad for the offences punishable under Section s 109 , 118(2), 118(1), 115(2), 352, 351(2), 351(3) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and under Section 135 of Maharashtra Police Act, 1951 .

2. In view of the order passed on 04.08.2025, the applicants as well as respondent Nos.2 to 4 appeared before the learned Registrar (Judicial) and after verification, the learned Registrar (Judicial) has filed report on 12.08.2025. As per the consent terms, respondent No.2/the informant states that the matter has been amicably settled which has arisen out of the misunderstanding. Now, they want to keep good relations with each other and have undertaken not to hurt or indulge in [2]

any physical activity against each other. In respect of the offence under Section 109 and 118(2) of the Bharatiya Nyaya Sanhita, 2023 , the record shows that there is grievous hurt and as regards the offence under Section 118 (1) and 115(2), there are simple injuries. Though the grievous hurt has been caused, now the parties have settled their dispute and they want to maintain good relations. In view of the decision in Narinder Singh and others vs. State of Punjab and another , [(2014) 3 SCC (Cri.) 54] by the Hon’ble Supreme Court, it would be in the discretion of this Court to accept those consent terms when the parties are undertaking that they will not indulge in any criminal activity in future against each other and would maintain good relations. It would be a good case to allow the compounding of the non compoundable offence by quashing the proceedings or the FIR as the case may be. However, at the same time, we are also considering the agony of respondent Nos.2 to 4 as they would have undergone, considering the injuries sustained by them. Therefore, while allowing the application we are imposing cost and from the said cost amount, we would grant compensation to respondent Nos.2 to 4. Hence, the following order :-

ORDER

I) Criminal Application stands allowed.

II) The FIR vide Crime No.332 of 2024 dated 23.12.2024 registered with Jinsi Police Station, Taluka and District [3]

Aurangabad as well as the proceedings in Regular Criminal Case No.1557 of 2025 pending before the learned IIIrd Judicial Magistrate First Class, Aurangabad for the offences punishable under Section s 109 , 118(2), 118(1), 115(2), 352, 351(2), 351(3) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and under Section 135 of Maharashtra Police Act, 1951 , stand quashed and set aside as against the present applicants.

III) Applicant Nos.1 to 4 to deposit cost of Rs.10,000/- each (i.e. Rs.40,000/-) in this Court on or before 20.09.2025. Out of the said amount, amount of Rs.10,000/- each be given to respondent Nos.2 to 4 (i.e. Rs.30,000/-). Rest of the amount i.e. Rs.10,000/-

be credited to the Government.

IV) Place the matter for compliance on 25.09.2025.

V) We make it clear that the time schedule given for deposit of cost amount will not be extended on any count and in case of failure on behalf of the applicants to deposit the cost amount, this order would stand revived automatically.

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