Akshay S/O. Vasudeo Chandras and Others Vs the State of… — Dowry and Cruelty | Bombay HC (2025)

Akshay S/O. Vasudeo Chandras and Others Vs the State of… — Dowry and Cruelty | Bombay HC (2025)

What the court decided

AI extract

Outcome

Quashing and setting aside of the proceedings in RCC No. 2430 of 2019 arising out of FIR No. 243 of 2019 dated 22/03/2019 registered with MIDC Waluj Police Station, Aurangabad, and Chargesheet No. 165 of 2019 dated 30/07/2019; the application stands disposed of.

Issue for consideration

Whether FIR No. 243 of 2019 and the criminal proceedings arising therefrom (RCC No. 2430 of 2019) should be quashed in view of the amicable settlement between applicant No. 1 and respondent No. 2.

Court's answer

In light of the settlement, the parties having amicably resolved their disputes, continuation of the proceedings arising out of FIR No. 243 of 2019 would amount to an abuse of the process of law.

Ratio / Principle

The proceedings in RCC No. 2430 of 2019 arising out of FIR No. 243 of 2019 dated 22/03/2019 registered with MIDC Waluj Police Station, Aurangabad, and Chargesheet No. 165 of 2019 dated 30/07/2019 stand quashed and set aside.

Detailed headnote1 paragraphs

Quashing of FIR on matrimonial compromise — Criminal Application No. 131 of 2020 allowed — FIR No. 243 of 2019 dated 22/03/2019, MIDC Waluj Police Station, Aurangabad, for offences under Sections 323, 504, 506, 498-A read with Section 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act — During pendency, applicant No. 1 (husband) and respondent No. 2 (wife) amicably settled their disputes; consent terms marked 'X' and verified by the Registrar (Judicial) vide report dated 03/10/2025 confirming voluntary compromise — Permanent alimony of Rs. 9,85,000/- agreed, of which Rs. 1,85,000/- paid on 28/08/2024; mutual-consent Divorce Petition HMP No. 171 of 2024 pending; respondent No. 2 withdrew maintenance application Criminal M.A. No. 1985 of 2019 — Held: continuation of the proceedings would amount to an abuse of the process of law; RCC No. 2430 of 2019, FIR No. 243 of 2019 and Chargesheet No. 165 of 2019 dated 30/07/2019 stand quashed and set aside; application disposed of. (Applicant No. 2 died during pendency.)

2025:BHC-AUG:28598-DB

1 935 cri appln 131-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

935 CRIMINAL APPLICATION NO. 131 OF 2020

AKSHAY S/O. VASUDEO CHANDRAS AND OTHERS VERSUS

THE STATE OF MAHARASHTRA AND ANR

Mr. Joshi Rahul G., Advocate for Applicants Mr. N. S. Tekale, APP for Respondent-State Mr. A. S. Deshpande, Advocate for Respondent No.2

CORAM : SANDIPKUMAR C. MORE AND MEHROZ K. PATHAN, JJ.

DATED : 10/10/2025.

P. C. :

Learned counsel for the applicants submits that applicant No.2 is no more and has died during pendency of this application and undertakes to produce on record a copy of his death certificate.

The applicants are seeking quashment of FIR No.243 of 2019 dated 22/03/2019, registered with MIDC Waluj Police Station, Aurangabad, for the offences punishable under Sections 323, 504, 506, 498-A read with Section 34 of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act. However, during the pendency of this application, an amicable settlement has taken place between applicant No.1 – husband and respondent No.2 – wife. The settlement terms have been placed on record and are marked as “X” for identification. The matter was referred to the learned Registrar (Judicial) of this Court for verification. The Registrar has submitted a report dated 03/10/2025, stating that the parties have voluntarily entered into the compromise and have admitted the contents thereof.

2 935 cri appln 131-20

On perusal of the said consent terms, it appears that applicant No.1 – husband, in view of the settlement, has agreed to pay a permanent alimony of Rs.9,85,000/- to respondent No.2 – wife. Out of this amount, Rs.1,85,000/- has already been paid on 28/08/2024 through account transfer. The remaining amount is agreed to be paid by applicant No.1 to respondent No.2 before the Court of the learned Civil Judge (Senior Division), Aurangabad, where Divorce Petition bearing HMP No.171 of 2024, filed by the parties for divorce by mutual consent, is pending. Respondent No.2 has also agreed to cooperate with the applicants in allowing the present criminal application. It is further noted that respondent No.2 has withdrawn Criminal M.A. No.1985 of 2019 from the Court of the learned Judicial Magistrate (First Class), which was filed for grant of maintenance.

In light of the above settlement, we are of the considered opinion that the parties have amicably resolved their disputes and continuation of the proceedings arising out of the aforementioned FIR would amount to an abuse of the process of law. Accordingly, the application is allowed and the proceedings in RCC No.2430 of 2019 arising out of FIR No.243 of 2019 dated 22/03/2019 registered with MIDC Waluj Police Station, Aurangabad, and Chargesheet No.165 of 2019 dated 30/07/2019, stand quashed and set aside.

5. Accordingly, the application stands disposed of.

( MEHROZ K. PATHAN, J.) ( SANDIPKUMAR C. MORE , J. )

VS Maind/-