Suryakant Chandrakant Kamble Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

Suryakant Chandrakant Kamble Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed; F.I.R. in C.R. No. 157 of 2023 dated 21.06.2023, charge sheet No. 35 of 2025 dated 28.05.2025 and Regular Criminal Case No. 54 of 2025 pending before the learned Judicial Magistrate (F.C.), Bhoom, quashed and set aside only qua applicant Suryakant Chandrakant Kamble, subject to costs of Rs. 50,000/- payable to the Government Pleader's Library, High Court of Bombay, Bench at Aurangabad.

Issue for consideration

Whether the F.I.R. in Crime Register No. 157 of 2023 dated 21.06.2023, the charge sheet No. 35 of 2025 dated 28.05.2025 and the resulting R.C.C. No. 54 of 2025 against the applicant (original accused No.4) deserve to be quashed in view of the settlement/compromise entered into between the applicant and respondent No.2 (complainant).

Court's answer

Having accepted the consent terms by which the applicant and respondent No.2/complainant settled the matter (the complainant having realised the applicant had no role in the alleged crime and admitting he had implicated the applicant due to some misconception), continuation of the criminal proceedings at least against this applicant would be an abuse of process of law.

Ratio / Principle

The F.I.R. in C.R. No. 157 of 2023 dated 21.06.2023 registered with Bhoom Police Station, District Osmanabad, along with charge sheet No. 35 of 2025 dated 28.05.2025 and the proceeding R.C.C. No. 54 of 2025 pending before the learned Judicial Magistrate (F.C.), Bhoom, stand quashed and set aside only to the extent of the present applicant, Suryakant Chandrakant Kamble, subject to payment of costs of Rs. 50,000/- to the Government Pleader's Library, High Court of Bombay, Bench at Aurangabad.

Detailed headnote1 paragraphs

Quashment of F.I.R. and charge sheet on settlement — Criminal Application under inherent jurisdiction — applicant, original accused No.4 in Crime Register No. 157 of 2023 dated 21.06.2023 of Bhoom Police Station, District Osmanabad, for offences under Sections 306, 323, 504, 506 read with Section 34 IPC, sought quashment of the F.I.R., charge sheet No. 35 of 2025 dated 28.05.2025 and R.C.C. No. 54 of 2025 pending before the Judicial Magistrate (F.C.), Bhoom — during pendency, applicant and respondent No.2/complainant entered into compromise terms (marked 'X'), verified by the Registrar (Judicial) vide report dated 10.10.2025 as voluntary — complainant admitted implicating the applicant due to misconception and that the applicant had no role in the alleged crime — consent terms accepted; continuation of proceedings against the applicant held to be an abuse of process of law — F.I.R., charge sheet and R.C.C. quashed and set aside only qua the applicant, subject to costs of Rs. 50,000/- to the Government Pleader's Library, High Court of Bombay, Bench at Aurangabad.

2025:BHC-AUG:28756-DB

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

922 CRIMINAL APPLICATION NO. 2915 OF 2024

SURYAKANT CHANDRAKANT KAMBLE VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

Advocate for Applicant : Adv. Pradnya Talekar APP for Respondent/State: Mr. S. R. Wakale Advocate for Respondent No.2 : Mr. Satej S. Jadhav

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

DATED : 10^th OCTOBER, 2025

ORDER:-

The present applicant, who is original accused No.4, is seeking quashment of F.I.R. in Crime Register No. 157 of 2023 dated 21.06.2023, registered with Bhoom Police Station, District Osmanabad, for the offences punishable under Sections 306, 323, 504, and 506 read with Section 34 of the Indian Penal Code along with the charge sheet bearing No. 35 of 2025, dated 28.05.2025, which has been numbered as R.C.C. No. 54 of 2025. The learned A.P.P., on instructions, submits that, the aforesaid criminal proceeding is yet to be committed before the concerned Sessions Court. However, during the pendency of this application, the settlement took place between the applicant and respondent No.2 i.e. original

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complainant, and they have entered into compromise terms, which are marked ‘X’ for identification.

The learned Registrar (Judicial) of this Court, under the directions of this Court, verified the contents of the compromise terms through the parties and submitted report dated 10.10.2025, mentioning that parties have voluntarily entered into the settlement and also admitted the contents of the compromise terms.

On going through the compromise terms, it appears that, the present applicant and respondent No.2 i.e. complainant have settled the matter, since the complainant realized that the applicant had no role in the alleged crime, but according to him, the other accused had abetted the commission of suicide of the deceased. It further appears that, respondent No.2complainant submitted that, due to some misconception, he had implicated the present applicant in the crime, but due to intervention of close relatives of the parties, they have arrived at the settlement. In view of the same, the consent terms are accepted towards settlement between the applicant and respondent No.2/complainant. Under such circumstances, continuation of the proceedings at least against this applicant, would be an abuse of process of law. Hence, we pass the

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following order :-

O R D E R

(I) The application is allowed.

(II) The F.I.R. in C.R. No. 157 of 2023 dated 21.06.2023, registered with Bhoom Police Station, District Osmanabad, for the offences punishable under Sections 306, 323 504, and 506 read with Section 34 of the Indian Penal Code along with the charge sheet No. 35 of 2025 dated 28.05.2025 and the proceeding bearing Regular Criminal Case No. 54 of 2025 presently pending before the learned Judicial Magistrate, (F.C.), Bhoom stands quashed and set aside only to the extent of present applicant namely Suryakant Chandrakant Kamble, subject to costs of Rs. 50,000/- ( Rs. Fifty thousand) to be paid to the Government Pleader’s Library, High Court of Bombay, Bench at Aurangabad.

( MEHROZ K. PATHAN ) (SANDIPKUMAR C. MORE) JUDGE JUDGE

YSK/