Bombay High Court
Kanak Sudhir Gavhal And Anr vs The State Of Maharashtra on 7 March, 2025
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
Digitally
signed by
SHAGUFTA
2025:BHC-AS:11736-DB
SHAGUFTA QUTBUDDIN
QUTBUDDIN PATHAN
PATHAN Date: 915-APL-44-2023.doc
2025.03.13
10:24:33
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 44 OF 2023
1. Kanak Sudhir Gavhal,
Age - 35 years, Occ - Housewife,
2. Chandrakala Devidas Gavhal
Age - 65 years, Occ - Housewife,
Both residing at Icono Tower, Plot No.
41/12, Sector 30, Sanpada, Vashi,
Navi Mumbai, Dist. - Thane - 400703. ... Applicants
Versus
1. The State of Maharashtra
Through the Senior Police Inspector,
Sanpada Police Station, Navi Mumbai.
2. Ujwala Raosaheb Gaike
Residing at Pimpalwadi Road, Shirdi,
Tal. Rahata, District - Ahmednagar.
3. Sudhir Devidas Gavhal
Age : 47 years, Occ.: Business,
Having office at Icono Towers,
Plot 41/12, Sector 30, Sanpada,
... Respondents
Vashi, Navi Mumbai.
Mr. Sumit Kate for the Applicants
Mr. K. V. Saste, Addl. P.P for the Respondent No.1-State
Mr. Mahendra Shingade for the Respondent No.2
Mr. Sudhir Gavhal, the Respondent No.3 appears in-person
SQ Pathan 1/6
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915-APL-44-2023.doc
CORAM : REVATI MOHITE DERE &
DR. NEELA GOKHALE, JJ.
FRIDAY, 7th MARCH 2025
ORAL ORDER (Per Revati Mohite Dere, J.) :
1 Heard learned counsel for the 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 service on behalf of the respondent No.1-State.
Mr. Shingade waives service on behalf of the respondent No.2.
Respondent No.3, who appears in-person, waives notice.
3 By this application, the applicants seek quashing of
the of the FIR registered vide C.R. No. 170/2022 with Sanpada
Police Station, Navi Mumbai as against the applicants and the
respondent No. 3 for the alleged offences, punishable under
Sections 420, 465, 468, 471 r/w 34 of the Indian Penal Code.
915-APL-44-2023.doc
4 Considering the nature of transaction and dispute, all
parties agreed to go in for mediation, pursuant to which, the
matter was amicably settled.
5 Today, learned counsel for the respective parties have
tendered the Consent Terms entered into between the parties i.e.
the respondent No. 2 (original complainant) on one hand and the
applicants and respondent No. 3 on the other hand. The said
Consent Terms are duly signed by the applicants and their
advocate; respondent No.2 and her advocate and respondent
No.3, who appears in-person. The said Consent Terms dated 7 th
March 2025 are taken on record and marked `X' for
identification.
6 The respondent No. 2 is present in Court. She has
tendered a self attested copy of her aadhar card. The same is
taken on record. Similarly, the applicants and the respondent No.
3 have tendered self attested copies of their pan-cards. The same
are taken on record.
915-APL-44-2023.doc
7 The applicants and the respondent No.2 have been
identified by their respective counsel. When questioned, they
state that the Consent Terms have been entered into between the
respondent No. 2, who is present in Court. When we orally
asked her, she reiterates what is stated in the Consent Terms and
states that she has no objection if the FIR is quashed and set-
aside.
8 The parties have agreed to abide by the terms set out
in the Consent Terms. Learned counsel for the parties state that
all parties will remain present before the Sub-Registrar, Panvel,
for signing the Cancellation Deed between the parties. After the
Cancellation Deed is executed, the respondent No. 2 will be
entitled to withdraw the amount deposited by the applicants in
the Registry of this Court i.e. the amount of Rs. 47,82,500/-
along with the accrued interest there on.
9 Considering the nature of dispute and that the matter
has been amicably settled and parties have entered into Consent
915-APL-44-2023.doc
Terms and having regard to the judgments of the Apex Court in
this regard, the application is allowed and CR No. 170/2022
registered with the Sanpada Police Station, Navi Mumbai, is
quashed and set aside.
10 Needless to state that all parties to abide by the
undertakings given by them in the Consent Terms.
11 Application is allowed. Rule is made absolute.
12 List the matter on 25th March 2025 on the
Supplementary Board, to enable the parties to produce the
Cancellation Deed before us, so that, appropriate directions can
be given to the Registry, permitting the respondent No.2 to
withdraw the money as stated aforesaid.
13 Needless to state that since we have quashed the FIR,
the police to return the mobile phone of the respondent No. 2,
which has been seized by the police during the investigation.
915-APL-44-2023.doc
14 Application stands disposed of on the above terms.
15 All concerned to act on the authenticated copy of this
order.
DR. NEELA GOKHALE, J. REVATI MOHITE DERE, J.
