Shraddha Murlidhar Shende & Ors. vs The State Of Maharashtra & Anr.

Heard. ADMIT. Taken up for final disposal forthwith by the consent of the learned counsel appearing for the parties.

This application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeks quashing of charge-sheet No. 141/2025 registered with Police Station, Barshitakli, Dist. Akola for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860 (IPC), arising out of First Information Report (FIR) No. 566/2023 dated 27.11.2023 and criminal proceedings, on the ground of settlement.

The case of the prosecution, in brief, is as under :

i] The marriage of the complainant/non-applicant no.2 was solemnized with Tushar Shende (co-accused) on 30.03.2018. During the course of the investigation, co-accused Tushar Shende (husband of the complainant) passed away. The applicants herein are the relatives of the deceased husband of the complainant.

ii] On 27.11.2023, the complainant lodged a report against the applicants and the other co-accused persons alleging that after marriage the applicants and the other co-accused persons started harassing her. It is alleged that her mother-in-law (co-accused) used to abuse her in filthy language and threaten that she would arrange a second marriage for her son. It is further alleged that the applicants used to taunt and harass the complainant, both physically and mentally. The co-accused persons and the applicants demanded that the complainant should bring Rupees Two lakhs from her parental house for purchase of a car. On her failure to fulfill the demand, they assaulted the complainant by slaps, fist and kicks and threatened not to enter the house. Therefore, on the basis of the said report, the FIR came to be registered against the applicants and the other co-accused for the aforesaid offences.

iii] It appears from the record that during the course of investigation, the co-accused i.e. the husband and the mother-in-law of the complainant have passed away. Therefore, after completion of the investigation, charge-sheet came to be filed against the present applicants.

Heard Mr. Gursharan Singh, learned counsel appearing for the applicants, Mr. Nikhil H. Joshi, learned Additional Public Prosecutor appearing for non-applicant no.1/State and Ms. Rupal Agarwal, learned counsel appearing for non-applicant no.2.

The complainant has appeared through her counsel and has filed a joint affidavit dated 27.10.2026 across the bar. The affidavit is taken on record and marked as “Exh.-X” for identification. It is stated in the joint affidavit that the matter has been amicably settled between the applicants and the complainant on certain terms and conditions mentioned therein to which both the parties have agreed. It is contended that the complainant does not want to prosecute the applicants and she has no objection if the FIR in question and the consequent criminal proceedings are quashed and set aside. It is also stated that the parties have arrived at the settlement voluntarily, with free consent and mutual understanding, without force, coercion, undue influence, fraud or misrepresentation.

The complainant is personally present before the Court today. She is duly identified by her counsel. Upon inquiry with her, she has reiterated the facts stated in the joint affidavit. She further states that she does not want to continue with the criminal prosecution against the applicants and has no objection if the FIR in question and the consequent criminal proceedings are quashed and set aside.

With regard to compoundability of the offence, the Supreme Court in the case of Narinder Singh and others Vs. State of Punjab and another, reported in (2014) 6 SCC 466 has observed in para 29.4 as under :

A useful reference can also be made to the decision in the case of Naushey Ali v. State of Uttar Pradesh, reported at (2025) 4 SCC 78, wherein at paragraph 32, the Supreme Court has observed that proceeding with the trial, when the parties have amicably resolved the dispute, would be futile. To secure the ends of justice, the settlement must be given effect to by quashing the proceedings. Continuation of the proceedings would be a grave abuse of the process of Court, particularly when the dispute is settled and resolved.

In the present case, the dispute is private in nature arising out of matrimonial discord. During the course of investigation, the husband of the complainant has passed away. Now, with a view to maintain cordial relationship with each other and to lead the future life peacefully, the applicants and the complainant have amicably settled their dispute. The offence does not involve any issue affecting the society at large. In these circumstances, continuation of the criminal proceedings would serve no fruitful purpose. Therefore, in my view, this is a fit case for the exercise of inherent powers under Section 528 of the BNSS to secure the ends of justice and to prevent abuse of the process of the Court. Hence, the following order :

The Criminal Application is allowed.

Charge-sheet No. 141/2025 registered with Police Station, Barshitakli, Dist. Akola for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860, arising out of First Information Report (FIR) No. 566/2023 dated 27.11.2023 and criminal proceedings, are quashed and set aside, subject to the applicants depositing a total cost of Rs.10,000/- (Rupees Ten thousand only) in the “Public Welfare Account” maintained with the Union Bank of India, High Court Branch, Nagpur, bearing Account No. 129712010001014 and IFSC Code UBIN0812978, within two weeks from today.

The application stands disposed of in the above terms.