Bombay High Court
Zeus Housing And Construciton Ltd vs State Of Maharashtra And Anr on 12 June, 2025
Author: A.S. Gadkari
Bench: A. S. Gadkari
2025:BHC-AS:25564-DB
Ashish 49 WP 267-25.doc
ASHISH
SAHEBRAO
Digitally signed by ASHISH
SAHEBRAO MHASKE
Date: 2025.06.27 14:48:20
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MHASKE +0530
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.746 OF 2025
1. Zeus Housing And Construction Ltd ]
Having Its Office adress 7/49 Surya Sadan ]
Sion Main Road, Sion, Mumbai - 400022 ] ... Petitioner
V/s.
1. The State of Maharashtra ]
Through the Senior Inspector ]
of Police Antop Hill Police Station, ]
Sion (West), Mumbai - 400037 ]
2. Mr. Bhaskar Narsayya Udayamari, ]
Aged 52 years, Residing at 10/N/10, ]
Transit camp Dharavi, Near Dharavi
Police Station Dharavi, Mumbai- 400017 ] ... Respondents
WITH
WRIT PETITION NO.6112 OF 2024
1. Ashit Balwant Doshi, ]
Aged 56 Years, Occupation: Business ]
Residing at Flat No.607C, ]
6th Floor Shree Samarth Building, ]
Khareghat Road, Dadar Parsi Colony, ]
Dadar (East), Mumbai - 400014 ] ... Petitioner
V/s.
1/7
::: Uploaded on - 27/06/2025 ::: Downloaded on - 28/06/2025 05:13:30 :::
Ashish 49 WP 267-25.doc
1. The State of Maharashtra ]
Through the Senior Inspector ]
of Police Antop Hill Police Station, ]
Sion (West), Mumbai - 400037 ]
2. Mr. Bhaskar Narsayya Udayamari, ]
Aged 52 years, Residing at 10/N/10, ]
Transit camp Dharavi, Near Dharavi
Police Station Dharavi, Mumbai- 400017 ] ... Respondents
WITH
WRIT PETITION NO.267 OF 2025
1. Mitesh Rameshchandra Shah ]
Aged : 57 Years, Occupation : Business ]
having address at 101/102, Midas Tower, ]
Bhaudaji Road Extension, Sion - West ]
Mumbai - 400022 ] ... Petitioner
V/s.
1. The State of Maharashtra ]
through office of Public Prosecutor ]
PWD Building, 1st Floor, ]
Bombay High Court, Mumbai. ]
2. Mr. Bhaskar Narsayya Udyamari ]
Age : 51 Years, Occupation : Business, ]
residing at Room No.10, Block No.10, ]
Row N, Transit Camp NR, Behind ]
2/7
::: Uploaded on - 27/06/2025 ::: Downloaded on - 28/06/2025 05:13:30 :::
Ashish 49 WP 267-25.doc
Dharavi Police Station, Rajiv Gandhi Nagar, ]
Mumbai- 400 0017 ] ... Respondents
_______________________________________
Mr. Waqar Pathan for Petitioners in WP No. 6112/2024 and WP
No.746/2025.
Mr. Dinesh L Vishwakarma for Petitioner in WP No.267/2025.
Ms. M.M. Deshmukh, A.P.P. for Respondent No.1-State.
Mr. Sujit Mane for Respondent No.2.
Mr. Bhaskar Narsayya Udyamari, Respondent No.2 present-in-person.
_______________________________________
CORAM : A. S. GADKARI AND
RAJESH S. PATIL, JJ.
DATE : 12th JUNE 2025.
JUDGMENT (Per : A.S. Gadkari, J.) :
-
1) Rule. Rule is made returnable forthwith and with the consent of
learned Advocates for the respective parties taken up for hearing.
2) By the afore-noted Petitions filed under Article 226 of the
Constitution of India, the Petitioners, accused in C.R. No. 0479 of 2023,
registered with Antop Hill police station, Mumbai, for offences punishable
under Sections 406, 420 read with 34 of Indian Penal Code and under
Sections 4, 5 and 13 of the Maharashtra Ownership Flats (Regulation of the
Promotion of Construction, Sale, Management and Transfer) Act, 1963, are
seeking quashing of the said crime with the consent of Respondent No.2, the
informant.
[
3) Heard Mr. Waqar Pathan, learned Advocate for Petitioners in WP
No. 6112/2024 and WP No.746/2025, Mr. Dinesh Vishwakarma, learned
Ashish 49 WP 267-25.doc
Advocate for the Petitioner in WP No.267/2025, Smt. M.M. Deshmukh,
learned A.P.P. for Respondent No.1-State and Mr. Sujit Mane, learned
Advocate for Respondent No.2. Perused entire record produced before us.
4) The case of the prosecution in nutshell is that, in the year 2014,
Respondent No.2 had paid an amount of Rs. 35,09,758/- to the Petitioner in
Writ Petition No.746 of 2025, namely, Zeus Housing and Construction Ltd.
towards purchase of a flat constructed by it in a building situated at Sion,
Koliwada, Mumbai. Petitioner in Writ Petition No. 6112 of 2024, namely, Mr.
Ashit Balwant Doshi is the Director of the said company, whereas Petitioner
in Writ Petition No. 267 of 2025, namely, Mr. Mitesh Shah is the broker in the
said deal. It is alleged that, despite payment of said amount, Petitioners
neither gave possession of the agreed flat nor returned the amount to
Respondent No.2.
In this brief premise, present crime is registered against
Petitioners.
5) Learned Advocates for Petitioners submitted that, during the
pendency of investigation, Respondent No.2 settled his disputes and
differences with Petitioners and the Petitioners have paid him Rs.65,00,000/-
towards full and final settlement. He submitted that, the Respondent No.2
has given his consent for quashing of the said crime and therefore it may be
quashed.
Ashish 49 WP 267-25.doc
6) Learned Advocate appearing for Respondent No.2 tendered
across the bar his Affidavit dated 20th December, 2024, duly affirmed before a
Notary Public.
6.1) In Paragraph No.4 thereof, it is admitted that, Respondent No.2
has received Rs. 65,00,000/- from the Petitioners towards full and final
settlement and no dues are pending between them. In Paragraph Nos. 5, 6
and 7 of the said Affidavit, Respondent No.2 has given his consent for
quashing of the crime in question against the Petitioners. The said Affidavit is
taken on record.
6.2) Respondent No.2 is personally present in the Court and through
his Advocate reiterates the contents of his Affidavit dated 20 th December,
2024 and his 'No objection' for quashing of the crime in-question.
7) In view thereof, we are inclined to quash the said crime i.e.C.R.
No. 0479 of 2023, registered with Antop Hill police station, Mumbai, for
offences under Sections 406, 420 read with 34 of Indian Penal Code and
Sections 4, 5 and 13 of the Maharashtra Ownership Flats (Regulation of the
Promotion of Construction, Sale, Management and Transfer) Act, 1963.
7.1) As we have expressed our inclination to quash the crime against
the Petitioners, learned Advocates for Petitioners on instructions submitted
that, for quashing of the said crime the Petitioners will pay a cost of
Rs. 75,000/- each, totalling to Rs.2,25,000/- jointly or severally, to the
Armed Forces Battle Casualties Welfare Fund, within a period of two weeks
Ashish 49 WP 267-25.doc
from the date of uploading of present Order on the official website of the
High Court of Bombay. The said statement is accepted as an undertaking
given to this Court.
7.2) As the Respondent No.2 is successful in bringing Petitioners for
settlement by lodgment of present crime and has received Rs.30,00,000/-
more than the amount invested, learned Advocate for Respondent No.2
submitted that, Respondent No.2 will also pay a cost of Rs.1,00,000/- to the
Armed Forces Battle Casualties Welfare Fund within a period of two weeks
from the date of uploading of present Order on the official website of the
High Court of Bombay. The said statement is accepted as an undertaking
given to this Court.
7.3) We therefore direct the Petitioners to pay a cost of Rs. 75,000/-
each, totalling to Rs.2,25,000/- jointly or severally, and Respondent No.2 to
pay a cost of Rs.1,00,000/- to the Armed Forces Battle Casualties Welfare
Fund within a period of two weeks from the date of uploading of present
Order on the official website of High Court of Bombay.
7.4) Details of the bank account for payment of cost are as under :-
Account Name :- Armed Forces Battle Casualties
Welfare Fund.
Account Number :- 90552010165915.
Bank Name :- Canara Bank.
Branch :- South Block, Defence Headquarters,
New Delhi - 110 011.
IFSC Code :- CNRB0019055.
Ashish 49 WP 267-25.doc
7.5) Petitioners and Respondent No.2 to deposit the said cost within
stipulated period as noted above and submit receipt(s) of the same in the
Registry of this Court.
8) In view of the above and subject to payment of cost by both
Petitioners and Respondent No.2 within stipulated period as noted above, the
Writ Petition No. 267 of 2025 is allowed in terms of prayer clause (a); Writ
Petition No. 746 of 2025 and Writ Petition No.6112 of 2024 are allowed in
terms of prayer clause (b).
8.1) Rule is made absolute in the aforesaid terms.
9) It is made clear that, if the cost is not paid within stipulated
period as mentioned above, the Petition shall stand revived automatically
and in that event, the Investigating Officer will complete the investigation of
the present crime expeditiously.
10) List the Petitions on board on 22 nd July 2025, under caption 'For
Reporting Compliance' of present Order.
11) As we have quashed the crime against the Petitioners, it is
needles to mention that the Investigation Agency shall forthwith hand over
the Passports of the Petitioners, seized during the course of investigation,
after the Petitioners produce photocopies of the receipts of the aforesaid cost
paid to the Armed Forces Battle Casualties Welfare Fund.
( RAJESH S. PATIL, J. ) ( A.S. GADKARI, J. )
