Bombay High Court
Sagar Harish Anandpara vs The State Of Maharashtra And Anr on 27 June, 2025
Author: A.S. Gadkari
Bench: A. S. Gadkari
2025:BHC-AS:29812-DB
dtg 25-Apl-667-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION (A.P.L.) NO. 667 OF 2025
Sagar Harish Anandpara ]
Aged about 33 years, adult, ]
Indian Inhabitant of Mumbai, ]
Occ.:- Business, Residing at Flat No. 401, ]
Raj Sunflower, Royal Complex, ]
Eksar Road, Borivali (West), ]
Mumbai, Maharashtra-400092. ] ... Applicant
V/s.
1. The State of Maharashtra ]
Represented through Public prosecutor ]
Office, High Court, Mumbai. ]
2. Lans Pharma LLP ]
(Through Mr. Namit Shah) ]
Having its registered office at:1306, ]
Shubham Avenue, 19/21 Pant Nagar, ]
Shri Gurudutt Mandir Marg, ]
Ghatkopar-East, Mumbai-400075. ] ... Respondents
_______________________________________
Mr. Dishant Chitalia a/w Mr. Niraj Bhatiya i/b MKS Legal Associates for
Applicant.
Ms. Prajakta P. Shinde, A.P.P. for Respondent No.1-State.
Mr. Aditya Mithe a/w Ms. Adhithi Rao, Mr. Anubhav Singh i/b Khaitan & Co.
for Respondent No.2.
Mr. Aslam Khatib, Police Inspector, Pantnagar Police Station, Mumbai
present.
_______________________________________
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dtg 25-Apl-667-2025.doc
CORAM : A. S. GADKARI AND
RAJESH S. PATIL, JJ.
DATE : 27th June 2025.
JUDGMENT :
(PER: A.S. Gadkari, J.) :-
1) This is an Application under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (BNSS), is filed by the accused in C.R.No.
0327 of 2025, dated 3rd April 2025, registered with Pantnagar police station,
Mumbai, punishable under Sections 3(5), 316(5), 318(4), 319(2), 324(4),
335, 336(1), 336(2), 336(3), 338, 340(2) and 342(1) of the BNSS, for
quashing of the said crime, with the consent of Respondent No.2.
2) Mr. Chitalia, learned counsel appearing for Applicant submitted
that, the basis for lodgment of present crime was the commercial
transactions between the Applicant and Respondent No.2. That, due to the
intervention of well-wishers, the Applicant and Respondent No.2 have now
decided to settle the matter amicably and the partners of Respondent No.2
have agreed to give its consent for quashing of the said crime in-question.
3) Mr. Mithe, learned counsel appearing for Respondent No.2
tendered across the bar Affidavit of Shri. Namit Shah, Authorized
representative and partner of Respondent No.2, dated 26 th June 2025, duly
affirmed before a Notary Public. To the said Affidavit, the copy of Resolution
passed in the meeting of partners of Respondent No.2-company is annexed,
thereby authorizing Shri. Namit Shah to represent the company in the Court.
dtg 25-Apl-667-2025.doc
To the said Affidavit, a photocopy of Settlement Agreement dated 9 th May
2025 is also annexed.
3.1) In the said Affidavit, Mr. Namit Shah has admitted that, the
Applicant and Respondent No.2 have entered into Settlement Agreement
dated 9th May 2025 with the intent to fully, finally and completely conclude
all pending disputes, disagreements, grievances together with all existing and
potential claims, damages and causes of action between the said parties. It is
further stated that, the parties herein have amicably settled their disputes
and have come to the common understanding and have entered into
Settlement Agreement dated 9 th May 2025. In para No.7 thereof, Mr. Namit
Shah has given no objection for allowing present Application for quashing
the said crime in-question.
3.2) Mr. Namit Shah, Authorized representative and partner of
Respondent No.2, is personally present in the Court and through his
Advocate reiterates the contents of his Affidavit dated 26 th June 2025 and his
'No Objection' for quashing of crime in-question.
4) In view of the above, we are inclined to quash C.R.No. 0327 of
2025, dated 3rd April 2025, registered with Pantnagar police station,
Mumbai.
5) As we expressed our opinion for quashing of said crime in-
question, Mr. Chitalia, learned learned counsel for Applicant on instructions
submitted that, for quashing of the said crime the Applicant will pay a cost of
dtg 25-Apl-667-2025.doc
Rs.2,00,000/- to Bar Council of Maharashtra and Goa's Advocate Academy
and Research Center, within a period of two weeks from the date of
uploading of the present Order on the official website of the High Court of
Bombay. The said statement is accepted as an undertaking given to this
Court.
5.1) As the Respondent No.2 is successful in bringing the Applicant
for settlement due to the lodgment of present crime, Mr. Mithe, learned
counsel for Respondent No.2 on instructions from Mr. Namit Shah,
Authorized representative of Respondent No.2, submitted that, Respondent
No.2 will also pay a cost of Rs. 2,00,000/- to Bar Council of Maharashtra and
Goa's Advocate Academy and Research Center, within a period of two weeks
from the date of uploading of the present Order on the official website of the
High Court of Bombay. The said statement is accepted as an undertaking
given to this Court.
5.2) We therefore direct the Applicant and Respondent No.2 to pay a
cost of Rs.2,00,000/- each to the Bar Council of Maharashtra and Goa's
Advocate Academy and Research Center, within a period of two weeks from
the date of uploading of the present Order on the official website of the High
Court of Bombay.
5.3) Details of the bank Account for payment of cost are as under:-
Account Name :- BCMG'S Advocate Academy & Research
Center
dtg 25-Apl-667-2025.doc
Account Number :- 000120110001327
Bank Name :- Bank of India
Branch Name :- Mumbai Main
IFSC Code :- BKID0000001
Type of Account :- Current A/c
5.4) Applicant so also the Respondent No.2 to pay the aforestated
cost within stipulated period as noted above and submit its receipt(s) in the
Registry of this Court.
6) In view of the above and subject to payment of cost, Application
is allowed in terms of prayer clause (a).
7) It is made clear that, if the cost is not paid within stipulated
period as mentioned above, Application shall stand revived automatically
and in that event, the Investigating Agency will complete the investigation
expeditiously.
8) List the Application on board on 8th August 2025, under the
caption 'For Reporting Compliance' of present Order.
( RAJESH S. PATIL, J. ) ( A.S. GADKARI, J. )
