Citation : 2026 Latest Caselaw 1455 Bom
Judgement Date : 9 February, 2026
2026:BHC-AUG:5561-DB
(1) 3-4.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 4971 OF 2025
AMOL PANDURANG REVADKAR AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Mr. Vinod B. Jadhav, Advocate for Applicants.
Mr. V. M. Lomte, APP for Respondents-State.
...
AND
CRIMINAL APPLICATION NO. 4973 OF 2025
MAHESH BALASAHEB KATE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Mr. Umakant U. Wagh, Advocate for Applicant.
Mr. S. N. Kendre, APP for Respondents-State.
...
CORAM : S. G. CHAPALGAONKAR, J.
DATED : 09th FEBRUARY, 2026.
P.C.:-
1. 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.
2. 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 (2) 3-4.odt
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.
3. 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 (3) 3-4.odt
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.
4. 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 (4) 3-4.odt
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.
5. On 16.01.2026, learned Advocates appearing for respective
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
Court to quash and set aside FIRs and consequential criminal
proceedings.
(5) 3-4.odt
6. 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:
"where criminal cases having overwhelmingly and pre- dominantly 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."
7. 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
1 (2014) 6 SCC 466.
(6) 3-4.odt
from record. Both parties wants to withdraw personal attributions
made against each other and maintain harmony.
8. 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.
9. 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.
(S. G. CHAPALGAONKAR) JUDGE Devendra/February-2026
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