Bombay High Court
Pravinkumar Manakchand Agarwal And Anr vs State Of Maharashtra And Anr on 6 November, 2025
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
Digitally
signed by
SHAGUFTA
2025:BHC-AS:47212-DB
SHAGUFTA QUTBUDDIN
QUTBUDDIN PATHAN
PATHAN Date: 901-wp-4619-2024.doc
2025.11.07
12:41:49
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.4619 OF 2024
1. Pravinkumar Manakchand Agarwal,
Age: 39, Occupation: Business,
Residing At: Niharika, A Wing,
Hiranandani Meadows-5, Thane,
Maharashtra.
2. Sonal Pravinkumar Agarwal,
Age: 34, Occupation: Home Maker,
Residing At: Niharika, A Wing,
Hiranandani Meadows-5, Thane,
Maharashtra. ... Petitioners
Versus
1. The State of Maharashtra
(Being CR No.737/2024
Registered with Chitalsar PS Thane).
2. Vaibhav Deepak Bhargav,
Age: 43 Years, Occupation: Business,
Residing At: 7/48, Tilak Nagar,
... Respondents
Kanpur Nagar, Uttar Pradesh.
Mr. Tapan Thatte for the Petitioners
Mrs. Kranti T. Hiwrale, A.P.P for the Respondent No.1-State
Ms. Sonali Dalvi a/w Mr. Abhilesh Chitre for the Respondent
No. 2
API Mr. Sharad Patil from Crime Branch, Unit-5, Wagle Estate,
Thane, is present
SQ Pathan 1/6
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CORAM : REVATI MOHITE DERE &
SANDESH D. PATIL, JJ.
THURSDAY, 6th NOVEMBER 2025
ORAL JUDGMENT (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
A.P.P waives notice on behalf of the respondent No.1-State.
Ms. Dalvi waives notice on behalf of the respondent No.2.
3 By this petition, the petitioners seek quashing of the
FIR registered vide C.R. No.737/2024 with the Chithalsar
Police Station, Thane, for the alleged offences punishable under
Sections 420, 406 r/w 34 of the Indian Penal Code, 1860.
4 Learned counsel for the petitioners states that the
respondent No.2 (original complainant) had filed a case under
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Section 138 of the Negotiable Instruments Act in Kanpur Nagar,
Uttar Pradesh and the aforesaid FIR in Thane alleging the
aforesaid offence. He submits that in the 138 case, the petitioner
No.1 and his company-R.J. Adventures and Reality Pvt. Ltd. were
convicted for the offence punishable under Section 138 of the
Negotiable Instruments Act. He submits that the said conviction
was confirmed by the Sessions Court and that the said conviction
confirmed by the Sessions Court is challenged before the High
Court. He submits that in the High Court, the parties amicably
settled their dispute by entering into Consent Terms and that the
Allahabad High Court vide order dated 4 th August 2025, has
stayed the conviction.
5 Learned counsel for the respondent No.2 has
tendered an affidavit-in-reply of the said respondent, duly
notarized before the Notary. The said affidavit dated 6th
November 2025 is on record. To the affidavit, are annexed the
Memorandum of Understanding / Consent Terms entered into
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between the petitioner and the respondent No.2 dated 4 th August
2025 as well as the order passed by the Allahabad High Court
staying the petitioner's conviction.
6 We have heard learned counsel for the parties. From
the affidavit filed by the respondent No.2, it appears that the
parties have decided to amicably settle the dispute pursuant to
which Consent Terms were entered into between the parties. The
respondent No.2 in the said affidavit has given his consent to the
quashing of the FIR instituted not only against the petitioners but
even against the others. Admittedly, no charge-sheet has been
filed in the said case, till date.
7 The respondent No. 2 is present in Court. On being
questioned, he re-iterates the contents of the affidavit. He states
that he has no objection if the FIR is quashed against all the
aforesaid accused. Respondent No.2 is identifed by his counsel
Leanred counsel has tendered a self attested photocopy of the
driving licence of the respondent No.2. The same is taken on
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record. Learned APP has verified the original driving licence of
the respondent No.2.
8 Considering the nature of dispute, the amicable
settlement between the the parties, the affidavit of the
respondent No.2, and the judicial pronouncements in this regard,
there is no impediment in allowing the petition.
9 The petition is accordingly allowed and the FIR
bearing C.R. No.737 of 2024 with the Chithalsar Police Station,
Thane, for the alleged offences punishable under sections 420,
406 r/w 34 of the Indian Penal Code, 1860, is quashed and set-
aside, as against all the accused.
10 Rule is made absolute in the aforesaid terms. Petition
is disposed of accordingly.
11 The petitioners to deposit cost of Rs.1,00,000/- and
the respondent No.2 to deposit cost of Rs.50,000/-, with the
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Maharashtra Centre Police Welfare Fund bearing Account No.
914010029005759, Axis Bank, IFSC No. UTIB0000060. The
said costs to be deposited within two weeks from today.
12 Stand over to 21st November 2025, for recording
compliance of the said deposit of costs.
13 All concerned to act on the authenticated copy of this
order.
SANDESH D. PATIL, J. REVATI MOHITE DERE, J.
