Aniket Hariharrao Joshi and Others Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

Aniket Hariharrao Joshi and Others Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed in terms of prayer clause (B): FIR of Crime No.0139/2022 registered with Chaklamba police station and the consequent criminal proceeding R.C.C. No. 412/2022 pending before the JMFC, Georai, quashed and set aside.

Issue for consideration

Whether the FIR of Crime No.0139/2022 registered with Chaklamba police station and the consequent criminal proceeding R.C.C. No. 412/2022 pending before the JMFC, Georai ought to be quashed in view of the amicable settlement between the parties.

Court's answer

Having gone through the consent terms verified by DLSA, Beed, and the Family Court judgment and status report, it clearly appears that the parties settled the dispute amicably and have already acted upon the consent terms.

Ratio / Principle

Since the compromise terms identified as 'X' are already acted upon, continuation of the criminal proceeding between the parties would be an abuse of process of law.

Key takeaways

The present application stands allowed in terms of prayer clause (B); the FIR of Crime No.0139/2022 registered with Chaklamba police station, Taluka Georai, District Beed, and the consequent criminal proceeding R.C.C. No. 412/2022 pending in the court of the Judicial Magistrate, First Class at Georai, are quashed and set aside.ratio¶5

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench) allowed Criminal Application No. 3482 of 2023 and quashed the FIR of Crime No.0139/2022 registered with Chaklamba police station, Taluka Georai, District Beed, under Sections 498-A, 323, 504, 506 read with Section 34 IPC, together with the consequent R.C.C. No. 412/2022 pending before the JMFC, Georai. Pursuant to mediation by the Secretary, DLSA, Beed, the parties settled amicably: their marriage was dissolved by mutual consent (Family Court, Beed, Petition F-53/2025, judgment dated 16.07.2025), permanent alimony of Rs. 14,50,000/- was agreed and deposited, and respondent No.2/wife withdrew Cri.M.A. Nos. 519 and 520 of 2022 on 06.05.2025. Since the verified consent terms were already acted upon, continuation of the criminal proceeding between the parties would be an abuse of process of law; the FIR and consequential proceedings were quashed and set aside and the application disposed of.

Procedural history

How this case reached the court

AI extract

Order under challenge
FIR of Crime No.0139/2022 registered with Chaklamba police station, Taluka Georai, District Beed, for offences under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, and the consequent criminal proceeding R.C.C. No. 412/2022 pending before the JMFC, Georai - sought to be quashed.¶5
Court of the Judicial Magistrate, First Class at Georai
Prior proceeding
By order dated 22 April 2025 this court directed the Secretary, District Legal Services Authority, Beed to act as Mediator; the learned Secretary, DLSA, Beed submitted a mediation report alongwith compromise terms recording that the parties had settled; the report was taken on record, marked 'X' for identification and verified by DLSA, Beed; the consent terms were accepted by the parties.¶1
Prior proceeding
Learned counsel for the applicants placed on record a certified copy of judgment dated 16.07.2025 passed by the Family Court, Beed in Petition F-53/2025, whereby the marriage between applicant No.1 and respondent No.2 stood dissolved by mutual consent; the judgment was taken on record and marked 'X-1' for identification.¶2
Prior proceeding
Status report in respect of Cri.M.A. No. 519 of 2022 and Cri. M.A. No. 520/2022 produced, obtained from the official website of the District Court, Beed; taken on record and marked 'X-2' for identification.¶2
Prior proceeding
Consent terms verified by DLSA, Beed: applicant No.1/husband agreed to pay Rs. 14,50,000/- towards respondent No.2's permanent alimony; respondent No.2 was to withdraw Cri.M.A. Nos. 519 and 520 of 2022 filed in the court of J.M.F.C. Georai; the parties decided to seek divorce by mutual consent.¶3
Prior proceeding
From the status report it emerged that respondent No.2 had already withdrawn Cri.M.A. Nos. 519 and 520 of 2022 on 06.05.2025; the Family Court judgment recorded dissolution of the marriage from 16.07.2025 and deposit of the alimony; thus the parties had already acted upon the consent terms.¶4