Full Judgment Text
2026:BHC-NAG:5277-DB
11 apl 232.23.odt..odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 232 OF 2023
1. Rupesh Naraynrao Bobde, Aged
About 32 Occupation: Private Job. APPLICANTS
2. Naraynrao Fakirji Bobde, Aged
About 72 Occupation: Nil.
3. Rekha Naraynrao Bobde, Aged
About 66 Occupation: Nil, No 1 To
3 Residents Of Tanish Srushti
Apartment, C- Building 6th Floor
Plot No 42, Aalandi, Tq And District
Pune.
4. Sau. Rashmi Prashant Khaparkar
Aged About 34 Occupation:
Housewife Resident Of Bhandup,
Navi Mumbai.
5. Sau. Nilima Rahul Goode, Aged
About 38 Occupation: Housewife,
Resident Of Dattatray Nagar,
Nagpur.
6. Sau. Rupali Sanjay Warudkar Aged
About 40, Occupation: Housewife,
Resident Of Indrayani Nagar,
Bhosari Pune.
7. Sau. Deepmala Ravindra Rodge @
Pinky Narayan Bobde Aged About
38 Occupation: Housewife, Resident
of Khapa, Nagpur.
// V E R S U S //
1. State of Maharashtra through
Police Station Officer, Police Station
Awadhutwadi, Tq. And Dist.
Yavatmal.
NON-APPLICANTS
2. Sau. Pallavi Rupesh Bobde, A/a 27
years, Occ. Household, Presently
11 apl 232.23.odt..odt
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residing C/o Nilesh Gulwadi, Ram
Nagar, Balaji Society, Yavatmal, Tq.
And Dist. Yvatmal.
-------------------------------------------------------------------------------------------
Mr. R.B. Dhore, Advocate for the applicants.
Mr. K.R.Lule, APP for non-applicant No.1 /State.
Ms Aastha R. Sharma, Advocate for non-applicant No.2.
-----------------------------------------------------------------------------------------
CORAM : URMILA JOSHI PHALKE, J.
DATED : 01 .04.2026
O R A L J U D G M E N T :
1. Heard.
2. ADMIT. Taken up for final disposal with the consent
of learned counsel for the parties.
3. The present application is preferred by the applicants
for quashing of the First Information Report in connection with
crime No.491/2020 registered at Police Station Awadhutwadi
District Yavatmal for the offences punishable under Sections 498-
A, 506 read with 34 of the Indian Penal Code and consequent
proceeding arising out of the same bearing RCC No.679/2021
pending before the Judicial Magistrate First Class, Court No.4,
Yavatmal.
11 apl 232.23.odt..odt
3
4. Considering the FIR came to be lodged due to the
matrimonial disputes, the matter was referred for the mediation.
During mediation, matter was settled and settlement deed is
already on record.
5. Learned counsel for the non-applicant No.2 submitted
that after this settlement, non-applicant No.2 has already
performed the marriage.
6. Considering the terms of the settlement it reveals that
both parties have already filed petition for mutual divorce before
the Family Court. Non-applicant No.2 has already remarried. In
view of that, no purpose would be served by forcing the present
applicants to face the trial.
7. Admittedly, the offence alleged is non-compoundable.
In view of the observation of the Hon’ble Apex Court in the case of
Gian Singh vs State of Punjab reported in (2012) 10 SCC 303 that
where the High Court quashes a criminal proceeding having
regard to the fact that the dispute between the offender and the
11 apl 232.23.odt..odt
4
victim has been settled, although the offences are not
compoundable, it does so as in its opinion, continuation of
criminal proceedings will be an exercise in futility and justice in
the case demands that the dispute between the parties is put to an
end and peace is restored, securing the ends of justice being the
ultimate guiding factor. In this regard, a specific reference was
made to offences arising out of matrimony, particularly relating to
dowry, etc. or a family dispute, where the wrong is basically to
the victim but the offender and the victim have settled all disputes
between them amicably, irrespective of the fact that such offences
have not been made compoundable. The High Court may within
the framework of its inherent power, quash the criminal
proceeding or criminal complaint or FIR if it is satisfied that on the
face of such settlement, there is hardly any likelihood of the
offender being convicted and by not quashing the criminal
proceedings, justice shall be casualty and ends of justice shall be
defeated. However, considering the applicant is police constable
who himself has not respected the law and therefore, cost
requires to be imposed on him.
11 apl 232.23.odt..odt
5
8. In view of the above circumstances, the application
deserves to be allowed.
9. Hence, I proceed to pass the following order:-
ORDER
(i) The Criminal Application is allowed.
(ii) The First Information Report in connection with
crime No.491/2020 registered at Police Station Awadhutwadi
District Yavatmal for the offences punishable under Sections
498-A, 506 read with 34 of the Indian Penal Code and
consequent proceeding arising out of the same RCC
No.679/2021 pending before the Judicial Magistrate First
Class, Court No.4, Yavatmal is quashed and set aside against
the present applicants.
10. The criminal application stands disposed of in
the above said terms.
Pending applications, if any, also stand disposed of.
(URMILA JOSHI PHALKE, J.)
manisha
Signed by: Mrs. Manisha Shewale
Designation: PA To Honourable Judge
Date: 04/04/2026 13:13:37
11 apl 232.23.odt..odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 232 OF 2023
1. Rupesh Naraynrao Bobde, Aged
About 32 Occupation: Private Job. APPLICANTS
2. Naraynrao Fakirji Bobde, Aged
About 72 Occupation: Nil.
3. Rekha Naraynrao Bobde, Aged
About 66 Occupation: Nil, No 1 To
3 Residents Of Tanish Srushti
Apartment, C- Building 6th Floor
Plot No 42, Aalandi, Tq And District
Pune.
4. Sau. Rashmi Prashant Khaparkar
Aged About 34 Occupation:
Housewife Resident Of Bhandup,
Navi Mumbai.
5. Sau. Nilima Rahul Goode, Aged
About 38 Occupation: Housewife,
Resident Of Dattatray Nagar,
Nagpur.
6. Sau. Rupali Sanjay Warudkar Aged
About 40, Occupation: Housewife,
Resident Of Indrayani Nagar,
Bhosari Pune.
7. Sau. Deepmala Ravindra Rodge @
Pinky Narayan Bobde Aged About
38 Occupation: Housewife, Resident
of Khapa, Nagpur.
// V E R S U S //
1. State of Maharashtra through
Police Station Officer, Police Station
Awadhutwadi, Tq. And Dist.
Yavatmal.
NON-APPLICANTS
2. Sau. Pallavi Rupesh Bobde, A/a 27
years, Occ. Household, Presently
11 apl 232.23.odt..odt
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residing C/o Nilesh Gulwadi, Ram
Nagar, Balaji Society, Yavatmal, Tq.
And Dist. Yvatmal.
-------------------------------------------------------------------------------------------
Mr. R.B. Dhore, Advocate for the applicants.
Mr. K.R.Lule, APP for non-applicant No.1 /State.
Ms Aastha R. Sharma, Advocate for non-applicant No.2.
-----------------------------------------------------------------------------------------
CORAM : URMILA JOSHI PHALKE, J.
DATED : 01 .04.2026
O R A L J U D G M E N T :
1. Heard.
2. ADMIT. Taken up for final disposal with the consent
of learned counsel for the parties.
3. The present application is preferred by the applicants
for quashing of the First Information Report in connection with
crime No.491/2020 registered at Police Station Awadhutwadi
District Yavatmal for the offences punishable under Sections 498-
A, 506 read with 34 of the Indian Penal Code and consequent
proceeding arising out of the same bearing RCC No.679/2021
pending before the Judicial Magistrate First Class, Court No.4,
Yavatmal.
11 apl 232.23.odt..odt
3
4. Considering the FIR came to be lodged due to the
matrimonial disputes, the matter was referred for the mediation.
During mediation, matter was settled and settlement deed is
already on record.
5. Learned counsel for the non-applicant No.2 submitted
that after this settlement, non-applicant No.2 has already
performed the marriage.
6. Considering the terms of the settlement it reveals that
both parties have already filed petition for mutual divorce before
the Family Court. Non-applicant No.2 has already remarried. In
view of that, no purpose would be served by forcing the present
applicants to face the trial.
7. Admittedly, the offence alleged is non-compoundable.
In view of the observation of the Hon’ble Apex Court in the case of
Gian Singh vs State of Punjab reported in (2012) 10 SCC 303 that
where the High Court quashes a criminal proceeding having
regard to the fact that the dispute between the offender and the
11 apl 232.23.odt..odt
4
victim has been settled, although the offences are not
compoundable, it does so as in its opinion, continuation of
criminal proceedings will be an exercise in futility and justice in
the case demands that the dispute between the parties is put to an
end and peace is restored, securing the ends of justice being the
ultimate guiding factor. In this regard, a specific reference was
made to offences arising out of matrimony, particularly relating to
dowry, etc. or a family dispute, where the wrong is basically to
the victim but the offender and the victim have settled all disputes
between them amicably, irrespective of the fact that such offences
have not been made compoundable. The High Court may within
the framework of its inherent power, quash the criminal
proceeding or criminal complaint or FIR if it is satisfied that on the
face of such settlement, there is hardly any likelihood of the
offender being convicted and by not quashing the criminal
proceedings, justice shall be casualty and ends of justice shall be
defeated. However, considering the applicant is police constable
who himself has not respected the law and therefore, cost
requires to be imposed on him.
11 apl 232.23.odt..odt
5
8. In view of the above circumstances, the application
deserves to be allowed.
9. Hence, I proceed to pass the following order:-
ORDER
(i) The Criminal Application is allowed.
(ii) The First Information Report in connection with
crime No.491/2020 registered at Police Station Awadhutwadi
District Yavatmal for the offences punishable under Sections
498-A, 506 read with 34 of the Indian Penal Code and
consequent proceeding arising out of the same RCC
No.679/2021 pending before the Judicial Magistrate First
Class, Court No.4, Yavatmal is quashed and set aside against
the present applicants.
10. The criminal application stands disposed of in
the above said terms.
Pending applications, if any, also stand disposed of.
(URMILA JOSHI PHALKE, J.)
manisha
Signed by: Mrs. Manisha Shewale
Designation: PA To Honourable Judge
Date: 04/04/2026 13:13:37