[Cites 1, Cited by 0]
Bombay High Court
Hyderbad (Sind National Collegiate ... vs All India Council For Technical ... on 3 December, 2025
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
2025:BHC-AS:53036-DB
Digitally
signed by
RUPALI
RUPALI RAJESH 40-wp-6722-2024.doc
RAJESH WAKODIKAR
WAKODIKAR Date:
2025.12.04
16:39:51
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 6722 OF 2024
1) Sitendra Sohanlal Sharma
Age 40 years, Occu : Business,
R/o B-503-504, Shankar
Apartment, Plot No.12E,
Sector No.8, Kharghar,
Tal - Panvel, Dist. - Raigad,
Navi Mumbai.
2) Susheel Kumar
S/o : Ram Yagnya
Age 41 years, Indian Inhabitant,
R/o House No.10, Belwar Road,
Prathmik Vidyalay, Lewo,
Belwar, Jaunpur,
Utter Pradesh - 222201. ...Petitioners
Versus
1) The State of Maharashtra
Through Sr. Inspector of Police,
Kalamboli Police Station,
Dist. - Raigad, In connection
with FIR No. 196/2022.
2) Mr. Krupa Shankar Tiwari
General Manager, Lason India Pvt.
Ltd., Having office at Unit No.504,
Hallmark Business Plaza,
Sant Dnyaneshwar Nagar Marg,
Near Gurunanak Hospital,
Wakodikar 1/6
::: Uploaded on - 04/12/2025 ::: Downloaded on - 04/12/2025 20:47:21 :::
40-wp-6722-2024.doc
Kalanagar, Bandra (E), Mumbai. ...Respondents
Mr. Datta Mane for the Petitioners.
Mrs. P.P.Shinde, Addl.P.P for the Respondent-State.
Mr. Shubham Choudhar i/b Mr. Somnath Kale for the Respondent
No.2.
CORAM : REVATI MOHITE DERE &
SANDESH D. PATIL, JJ.
DATE : 3rd DECEMBER, 2025
ORAL JUDGMENT (Per Revati Mohite Dere, J.):
1. Heard learned Counsel for the respective parties.
2. Rule. Rule is made returnable forthwith with the consent
of the parties and is taken up for final disposal. Learned Addl.P.P
waives notice on behalf of the Respondent No.1 - State.
Mr.Choudhar, learned Counsel for the respondent No.2 waives notice
on behalf of the said respondent.
4. By this petition, the petitioners seek quashing of the FIR
40-wp-6722-2024.doc
registered vide C.R.No.196 of 2022 with the Kalamboli Police
Station, Navi Mumbai, for the alleged offences punishable under
Sections 420, 406 r/w34 of the Indian Penal Code. After investigation,
chargesheet was filed in the said C.R and consequently, the proceeding
is pending before the Learned Judicial Magistrate, First Class, Panvel
being R.C.C.No. 729 of 2024.
2. Quashing is sought on the premise that the parties i.e. the
petitioners and the respondent No.2 have amicably settled their
dispute.
3. Perused the papers. The dispute primarily appears to be a
money dispute between the parties i.e. of giving and taking of money.,
pursuant to the agreement entered into between the parties. It
appears that pursuant to the said dispute, the respondent No.2 lodged
an FIR as stated aforesaid with the Kalamboli Police Station, Navi
Mumbai alleging the aforesaid offences.
40-wp-6722-2024.doc
4. After investigation, chargesheet was filed in the said case
and the proceeding is pending before the learned Magistrate Court at
Panvel.
5. During the pendency of the aforesaid proceeding, the
parties have amicably settled their dispute. The respondent No.2 has
filed his consent affidavit. The said affidavit is at page 246 of the
petition. In the said consent affidavit, the respondent No.2 has stated
that the dispute has been amicably settled with the petitioner and that
he has also received the payment pursuant to the settlement. He has
further given his no objection to the quashing of the proceeding
pending before the learned Magistrate.
6. The respondent No.2 is present in-person. He reiterates
the contents of his affidavit. He has tendered a photocopy of his
Aadhar Card duly attested by him. Learned Counsel for the
respondent No.2 has identified the respondent No.2.
40-wp-6722-2024.doc
7. Considering the nature of dispute, amicable settlement
between the parties, the affidavit of the respondent No.2 and the
judicial pronouncement in this regard, there is no impediment in
allowing this petition. Accordingly, the petition is allowed and the
FIR registered vide C.R.No.196 of 2022 with the Kalamboli Police
Station, Navi Mumbai, the chargesheet and consequently, the
proceeding pending before the learned Judicial Magistrate, First Class,
Panvel being R.c.C. No.729 of 2024, are quashed and set aside.
8. Both the petitioners to deposit costs of Rs.10,000/-
together and the respondent No.2 also to pay costs of Rs.10,000/-
with the Maharashtra Centre Police Welfare Fund having a/c No.
914010029005759, IFSC No. UTIB0000060, with the Axis Bank,
within two weeks from the date of uploading of this order.
9. Rule is made absolute on the aforesaid terms. Petition
stands disposed of accordingly.
40-wp-6722-2024.doc
10. Stand over to 7th January, 2026, for recording compliance
of the order passed today.
11. All concerned to act on the authenticated copy of this
Judgment.
SANDESH D. PATIL, J. REVATI MOHITE DERE, J.
