Pournima Devidas Bankar and Othesrs vs the State of Maharshtra and Another

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appln-5036-2025.odt

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2026:BHC-AUG:7945-DB

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(1)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5036 OF 2025

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Pournima Devidas Bankar, (Pournima w/o Mahendra Deshmukh) Age: 28 years, Occ: Homemaker, R/o: Plot No. 381, LIG Jalna Road, Opp: Dhoot Hospital, MHADA Colony, N-2, CIDCO, Aurangabad.

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Devidas Suryabhan Bankar, Age: 52 years, Occ: Nil R/o: R 1123, 1124, LIG Near Dhoot Hospital, Jalna Road, Hanuman Mandir, Murtizapur, MHADA Colony, N-2, CIDCO, Aurangabad.

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Samadhan @ Kaka Dnyaneshwar Shinde, Age: 35 years, Occ: Service R/o: at Savargaon, Halap, Jalna.

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Mayur Devidas Bankar Age: 23 years, Occ: Education, R/o: Plot No. 381, LIG Jalna Road, Opp: Dhoot Hospital, MHADA Colony N-2,, CIDCO, Aurangabad. ..Applicants

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Versus

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THE STATE of MAHARASHTRA, (Through M.I.D.C. CIDCO Police Station, Aurangabad)

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Amol s/o Vijay Shinde Age: 31 years, Occ: Business R/o: Lane No. 14, Sanjay Nagar, Mukundwadi, CIDCO, Aurangabad ..Respondents

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Mr. P. P. Giri, Advocate for Applicants. Mr. S. R. Yadav-Lonikar, Advocate for Respondent-State. Mr. Sohail Subhedar, Advocate for Respondent No.2.

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…

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CORAM : S. G. CHAPALGAONKAR, J. DATED : 12^th FEBRUARY, 2026.

FINAL ORDER:-

appln-5036-2025.odt

(2)

The applicants seeks quashment of FIR in Crime No.327/2025 registered with M.I.D.C. CIDCO Police Station, Dist. Aurangabad for offences punishable under Sections 109, 352, 351(2), 61(2) r/w 3(5) of Bhartiya Nyaya Sanhita, 2023 and Section 3(1)(s) of Scheduled Caste and Schedule Tribes (Prevention of Atrocities) Act and consequential proceeding in Special Case No.3/2026 pending before Special Judge/Additional Session Judge, Aurangabad. The applicants also seeks quashment of order dated 06.01.2026 passed below Exhibit-1 by Additional Sessions Judge, Aurangabad, thereby taking cognizance of police report.

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The investigation was set in motion on the basis of information given by respondent no.2 alleging that on 05.10.2017 applicant no.1 had invited him on birthday of her daughter. Since then, affinity was developed between them and they decided to marry. However, since dispute as regards to previous marriage of applicant no.1 was pending in Court, they were waiting. Thereafter, they resided together from 2022 to 2023 at Amrut Tejaswi Apartment and got married. It is alleged that informant paid amount of Rs.5,00,000/- to applicant no.1. Later on, informant spotted applicant no.1 in company of other two persons. Since, then, relationship was disturbed. The applicant no.1 started residing with her parents. She refused to repay amount of Rs.5,00,000/-.

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appln-5036-2025.odt

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(3)

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It is further alleged that on 29.05.2025, applicant no.1 called him at MHADA Colony. The applicants were present on spot. They assaulted him by iron rod and wooden sticks. He suffered injuries. He was admitted to Sahyadri Hospital and 20 stitches were given. He has also suffered fractures. The aforesaid information was culminated in registration of offence and filing of charge-sheet.

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On 13.01.2026, learned Advocate appearing for applicants sought permission to amend petition in view of filing of chargesheet. Accordingly, amendment is carried raising challenge to cognizance order based on police report.

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The respondent no.2 has filed affidavit-in-reply withdrawing his allegations and settled dispute amicably. He states that he entered into compromise in order to maintain peace and tranquility between parties.

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Looking to nature of allegations in FIR, it is evident that applicant no.1 and respondent no.2 resided together in live-inrelationship. Subsequently, dispute arose. The incident in question alleged to have occurred at the residence of applicant no.1. The allegations in FIR are personal attributions against applicant

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no.1. Having regard to nature of dispute and injuries suffered by respondent no. 2, no offence can be made out for attempt to

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appln-5036-2025.odt

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(4)

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murder. At the most offence under Section 326 of Indian Penal Code can be made out based on allegations in FIR and medical record.

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In light of law laid down by Supreme Court in cases of Gian Sing Vs. State of Punjab and Anr.¹ and Narinder Singh Vs. State of Punjab and Ors.² , if applicants and respondent no.2 have arrived at amicable settlement and respondent no.2 withdraws allegations, no purpose would be served by continuing prosecution. There is no possibility of conviction at trial. The further proceeding in Sessions Case would be wastage of judicial time.

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Although charge-sheet indicates that offence under Scheduled Caste and Schedule Tribes (Prevention of Atrocities) Act is inserted in charge-sheet, allegations in FIR does not support same. In aforesaid backdrop, case is made out to exercise inherent powers under Section 528 of Bhartiya Nagarik Surksha Sanhita, 2023.

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In result, Criminal Application is allowed in terms of prayer Clauses (A), (B-1) and (C-1).

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(S. G. CHAPALGAONKAR) JUDGE

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Devendra/February-2026

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1 AIR 2012 SC (Supp) 838. 2 (2014) 6 SCC 466.

Pournima Devidas Bankar and Othesrs v. the State of Maharshtra and Another

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Pournima Devidas Bankar and Othesrs v. the State of Maharshtra and Another

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