Mahesh Balasaheb Kate vs the State of Maharashtra and Another

The applicants in Criminal Application No.4971/2025 seeks quashment of FIR dated 19.07.2024 in Crime No.723/2024 registered with Pathardi Police Station, District Ahmednagar for offences punishable under Sections 324, 504, 506 r/w 34 of Indian Penal Code and consequential proceeding in Regular Criminal Case No.439/2024 pending before Judicial Magistrate First Class, Pathardi.

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The applicant in Criminal Application No.4973/2025 seeks quashment of FIR dated 23.06.2024 in Crime No.647/2024 registered with Pathardi Police Station, District Ahmednagar for

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(2) 3-4.odt

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offences punishable under Sections 307, 326, 323, 504, 506 of Indian Penal Code and consequential proceeding in Sessions Case No.51/2024 pending before Sessions Court, Ahmednagar.

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In Criminal Application No.4971/2025 (Crime No.723/2024) the investigation was set in motion on basis of information given by informant alleging that, on 23.06.2024, at around 05:45 pm when he was at his home, Ramesh Khambat called him on his phone and said that, “do come at Rajyog Hotel to receive your money of share market” and cut phone call. After that informant reached Rajyog Hotel at around 6:30 pm, where Amol Pandurang Revadkar and Ashish Ramesh Khambat were already present. The informant said to them that do settle his account and give him all his money of share market, upon which they got angry and said that they will not give him his money. The informant again insisted for his money. After asking for money they again got angry and started abusing informant. Amongst them Amol Khedkar came forward with knife in his hand and was about to hurt informant to which he resisted by bringing his right hand in between which got injured on middle finger. Against that Ashish Khambat had beaten informant by iron rod. The informant fell on ground. The informant started to hue and cry as blood was flowing out from his right hand’s middle finger. After which they both ran away from place. While leaving they said that if you again asked us for money you will face

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(3) 3-4.odt

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dire consequences and also threatened that they will do anything to swindle his money and file false complaint to robe him into false crime and make him sit in jail. Eventually, offence was registered. The investigation progressed, charge-sheet is filed before Judicial Magistrate First Class, Pathardi.

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Similarly, in Criminal Application No.4973/2025 (Crime No.647/2024) arising out of same incident investigation was set in motion on the basis of information given by one Rahul Sharadrao Khambat alleging that, his cousin Ashish Khambat and Amol Revadkar had previously been involved in a financial transaction with Mahesh Balasaheb Kate, Akhnegaon (Shevgaon). On 23.06.2024 at about 06.00 pm informant received call from one Amol Revadkar stating that he and his friend Ashish Khambat got assaulted by sharp weapon by Mahesh Balasaheb Kate at pathardi. They informed informant that they are taking treatment at Sub District Hospital, Pathardi and asked informant to immediately reach at hospital. Consequently, informant and his friend Dinkar Ravsaheb Mhaske immediately went to Sub District Hospital, Pathardi. On reaching Sub District Hospital informant and his friend learned that his cousin brother Ashish and Amol were in injured state and they were undergoing treatment. Ashish had several injuries on his left hand, wrist, elbow and palm as well as Amol had injuries on neck and near left ear. Both injuries are

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(4) 3-4.odt

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inflicted by sharp weapon and blood was oozing out of said injuries. When informant asked his brother Ashish regarding incident, he told informant that at around 05:30 pm they stopped in front of Rajyog Hotel, Shevgaon Road, Pathardi as their motor cycle ran out of petrol. At that time, Mahesh Kate came their and asked them to give him one lakh rupees. On refusal Mahesh Kate abused informant’s brother and his friend Amol. Mahesh Balasaheb Kate assaulted both of them with kick and blows and sharp weapon and tried to kill them and also threatened them. When they screamed loudly, Mahesh left from spot and while leaving Mahesh said that if they come near him again he will kill them. Eventually, offence was registered. The investigation progressed, charge-sheet is filed and matter is committed to Sessions Court for further trial.

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On 16.01.2026, learned Advocates appearing for respective

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parties appeared before this Court and made statement that parties have amicably settled dispute and wish to place on record terms of settlement. Accordingly, on 05.02.2026 they were relegated to Registrar (Judicial) of this Court. They tendered affidavit stating that they have amicably settled dispute and do not wish to proceed further with prosecution and jointly requested to

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Court to quash and set aside FIRs and consequential criminal proceedings.

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(5) 3-4.odt

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Looking to nature of allegation made by respective parties against each others and medical record, it is difficult to hold that offence under Section 307 of Indian Penal Code can be made out against applicant in Criminal Application No.4973/2025. Although offences alleged are not compoundable, looking to nature of allegations and fact that parties have arrived at amicable settlement and do not wish to proceed with personal attributions made against each other, case is made out to quash and set aside FIR and further criminal proceedings in light of law laid down by Supreme Court in case of Narinder Singh Vs. State of Punjab and Ors.¹ , wherein following observations are made:

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“where criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves. The possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases.”

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In light of aforesaid exposition of law, this Court finds that case is made out to exercise inherent powers as no purpose would be served by continuing prosecution and there is no likelihood of procuring conviction. Further, dispute was crept up out of business transactions. No criminal antecedents of applicants are discernible

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1 (2014) 6 SCC 466.

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(6) 3-4.odt

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from record. Both parties wants to withdraw personal attributions made against each other and maintain harmony.

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At this stage, Mr. Lomte, learned APP submits that although accused/applicant have amicably settled dispute, prosecution machinery was exerted till filing of charge-sheet. Therefore, cost may be imposed.

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In that view of matter, Criminal Application Nos.4971/2025 and 4973/2025 are allowed in terms of prayer Clauses (C) and (CC) subject to condition that each of applicant deposits cost of Rs.10,000/- (Rs.Ten Thousand only) payable to Government Cancer Hospital, Chhatrapati Sambhajinagar. Cost to be paid within period of four weeks from today.

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(S. G. CHAPALGAONKAR) JUDGE

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Devendra/February-2026

Mahesh Balasaheb Kate v. the State of Maharashtra and Another

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Mahesh Balasaheb Kate v. the State of Maharashtra and Another

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