APL/1519/2026 of SANTOSH S/O RADHAKISHAN RATHI, Vs STATE OF MAHARASHTRA THR, PSO, PS, YAVATMAL (RURAL) DIST. YAVATMAL on 15 October 2026

ORAL JUDGMENT:

1. Admit.

2. Since, both the applications are arising out of counter FIRs lodged by the parties against each other, they are being disposed of by this common order.

3. In APL No.615/2026, the applicant seeks quashing of the First Information Report bearing Crime No.557/2025 dated 25.11.2025 registered with Police Station, Yavatmal (Rural)for the offences punishable under Sections 115(2), 296, 351 (2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (for short, BNS) and charge-sheet No.01/2026 arising out of the said FIR. Whereas, in APL No.1519/2026, the applicants seek quashing of the First

Information Report bearing Crime No.556/2025 dated 25.11.2025 registered with Police Station, Yavatmal (Rural)for the offences punishable under Sections 115(2), 296, 131, 351 (2) and 351(3) read with Section 3(5) of the BNS and charge-sheet No.08/2026 arising out of the said FIR, on account of settlement.

4. It appears that both the FIRs are arising out of the same incident which occurred on 24.11.2025 at around 7 to 8.30 pm at Chittor Pure Veg Hotel, after the applicants in APL No.1519/2026 placed an order for dinner with the applicant in APL No.615/2026 who is the owner of the hotel. At that time, the applicant in APL No.615/2026 noticed that they are in an intoxicated condition and therefore, he denied to serve them. On this count, initially a verbal altercation took place and later on, a scuffle occurred. Resultantly, both the parties lodged the aforesaid FIRs against each other.

5. Non-applicant no.2 in both applications have tendered their affidavits across the bar in each case, which are taken on record and marked as “X” for identification. Non-applicant no.2 in APL No.615/2026 has appeared personally in the Court today and has been duly identified by his counsel. Non-applicant no.2 in APL No.1519/2026 appeared through VC and has been duly identified by his counsel. Both the complainants have contended that the matter has been amicably settled between the parties in order to maintain cordial relations as well as peace and harmony in society. Both the complainants have contended they do not wish to prosecute the applicant(s) and have no objection if the FIRs and the consequent proceedings are quashed.

6. Considering the fact that the dispute has already been settled between the parties to maintain peace and harmony in society coupled with the fact that the alleged offences are not heinous in nature and are arising out of a personal dispute which happened in the spur of the moment under heat of passion, no fruitful purpose will be served in continuing the prosecution.

7. A reference can be made to the decision in the case of Narinder Singh and Others Vs. State of Punjab and Another, [(2014) 6 SCC 466], wherein the Supreme Court has observed as under : “29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure :

(i) ends of justice, or

(ii) to prevent abuse of the process of any court. While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives. …..

29.4. On the other hand, those criminal cases having overwhelmingly and predominatly 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.

29.5. While exercising its powers, the High Court is to examine as to whether 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.”

8. In view of the above, a case is made out for exercising the inherent powers of this Court to quash the FIR. Hence, the following order is passed: i. The criminal applications are allowed. ii. In APL No.615/2026, First Information Report bearing Crime No.557/2025 dated 25.11.2025 registered with Police Station, Yavatmal (Rural)for the offences punishable under Sections 115(2), 296, 351

(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 and charge-sheet No.01/2026 arising out of said FIR are hereby quashed and set aside subject to the applicant depositing costs of ₹5,000/- (Rupees Five

Thousand Only) to Bar Association Gondia (Bank: Punjab National Bank branch Gondia, A/c No. 0182000100041568, IFSC: PUNB0018200, Name: Bar Association Gondia) within a period of two weeks from the date of this order iii. In APL No.1519/2026, First Information Report bearing Crime No.556/2025 dated 25.11.2025 registered with Police Station, Yavatmal (Rural)for the offences punishable under Sections 115(2), 296, 131, 351 (2) and 351(3) read with Section 3(5) of the BNS and charge-sheet No.08/2026 arising out of said FIR are hereby quashed and set aside subject to the applicants depositing costs of 1 ₹ 5,000/- (Rupees Fifteen Thousand Only) to Bar Association Gondia (Bank: Punjab National Bank branch Gondia, A/c No. 0182000100041568, IFSC: PUNB0018200, Name: Bar Association Gondia) within a period of two weeks from the date of this order. iv. The applications stand disposed of. (M.W. CHANDWANI J.) Wagh Signed by: Mr. S.R. Wagh Designation: PA To Honourable Judge Date: 16/10/2026 16:51:58