Rupesh Sadashiv Sawakare and Others Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

Rupesh Sadashiv Sawakare and Others Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of FIR Crime No.125 of 2023 dated 03.07.2023 registered with Jalgaon City Police Station and of the proceedings in Regular Criminal Case No.204 of 2023 before the 2nd Judicial Magistrate First Class, Bhusawal, District Jalgaon, as against the present applicants.

Issue for consideration

Whether, in view of the parties' settlement/compromise and respondent No.2's no objection, the Court should exercise its powers under Section 482 of the Code of Criminal Procedure to quash FIR Crime No.125 of 2023 and the proceedings in Regular Criminal Case No.204 of 2023 against the applicants.

Court's answer

Since the parties have settled the matter and respondent No.2 has given no objection for quashing the FIR as well as the proceedings, there is no hurdle in exercising the powers under Section 482 of the Code of Criminal Procedure to quash the FIR.

Ratio / Principle

The Criminal Application is allowed, and the proceedings in Regular Criminal Case No.204 of 2023 pending before the 2nd Judicial Magistrate First Class, Bhusawal, District Jalgaon, arising out of FIR Crime No.125 of 2023 dated 03.07.2023 (offences under Sections 498-A, 504, 506, 323 read with Section 34 IPC), stand quashed and set aside as against the present applicants.

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench), order dated 18.09.2025 per Smt. Vibha Kankanwadi, J. (coram: Kankanwadi & Hiten S. Venegavkar, JJ.), allowed Criminal Application No.622 of 2024 filed under Section 482 of the Code of Criminal Procedure and quashed FIR Crime No.125 of 2023 dated 03.07.2023 registered at Jalgaon City Police Station for offences under Sections 498-A, 504, 506 and 323 read with Section 34 IPC, together with the proceedings in Regular Criminal Case No.204 of 2023 before the 2nd JMFC, Bhusawal, District Jalgaon, as against all six applicants (husband Rupesh Sawakare and his family members). Quashing rested on the parties' mutual compromise, verified through the Registrar (Judicial) by report dated 18.07.2025; the informant-wife's resumption of cohabitation with applicant No.1 from 29.03.2025; and respondent No.2's express no objection. The Court held that on these facts there was 'no hurdle' in exercising the powers under Section 482 CrPC.

38-appln-622-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

CRIMINAL APPLICATION NO.622 OF 2024

Rupesh s/o Sadashiv Sawakare

Aruna w/o Sadashiv Sawakare

Rajesh s/o Sadashiv Sawakare

Jyoti w/o Vishal Saindone

Jayashri w/o Nilesh Sonawane

Nilesh Yashawant Sonawane .. Applicants

Versus

State of Maharashtra

Through Police Inspector,

Police Station Bhusawal City,

Tq. Bhusawal and Dist. Jalgaon.

Leena w/o Rupesh Sawakare .. Respondents

Ms. Asha Gore h/f Mr. A. P. Ghule Patil, Advocate for the applicants. Mr. N. R. Dayama, APP for respondent No.1/State. Mr. B. R. Kedar, Advocate for Respondent No.2.

CORAM : SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.

DATE : 18 SEPTEMBER, 2025

ORDER (Per Smt. Vibha Kankanwadi, J.) :-

. Present application has been filed for quashing the proceedings in

Regular Criminal Case No.204 of 2023 pending before the learned 2^nd Judicial Magistrate First Class, Bhusawal, District Jalgaon arising out of

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38-appln-622-2024.odt

the FIR vide Crime No.125 of 2023 dated 03.07.2023 registered with Jalgaon City Police Station, District Jalgaon for the offences punishable under Sections 498-A, 504, 506, 323 read with Section 34 of Indian Penal Code.

Both the sides have entered into compromise. They had filed the joint compromise terms which have been got verified through learned Registrar (Judicial) and he has filed the report on 18.07.2025.

In the compromise terms, it has been stated that the informant/wife has lodged the impugned FIR against her husband and other relatives i.e. present applicants. It is stated that both the parties mutually agreed for settlement and the informant wife has resumed the cohabitation since 29.03.2025 and since then she is residing with applicant No.1.

Since, now the parties have settled the matter and respondent No.2 has given no objection for quashing the FIR as well as the proceedings, there is no hurdle in exercising the powers under Section 482 of the Code of Criminal Procedure for quashing the FIR. We, therefore, proceed to pass following order :-

ORDER

I) Criminal Application stands allowed.

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38-appln-622-2024.odt

II) The proceedings in Regular Criminal Case No.204 of 2023 pending before the learned 2^nd Judicial Magistrate First Class, Bhusawal, District Jalgaon arising out of the FIR vide Crime No.125 of 2023 dated 03.07.2023 registered with Jalgaon City Police Station, District Jalgaon for the offences punishable under Sections 498-A, 504, 506, 323 read with Section 34 of Indian Penal Code, stands quashed and set aside as against the present applicants.

[ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE

scm

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