Bombay High Court
Adnan Fakhruddin Kanorwala And Ors vs State Of Maharashtra And Anr on 12 November, 2025
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
2025:BHC-AS:48777-DB
Digitally
signed by 916-APL-533-2025.doc
RUPALI
RUPALI RAJESH
RAJESH WAKODIKAR
WAKODIKAR Date:
2025.11.14
11:26:17 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
+0530
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 533 OF 2025
1. Adnan Fakhruddin Kanorwala
2. Rashida Adnan Kanorwala
3. Nafisa Fakhruddin Kanorwala
4. Fakhruddin Kanorwala
5. Nasir Gondanwala
6. Rukaiya Gondanwala
7. Hozefa Kanchwala ...Applicants
Versus
1. The State of Maharashtra
2. Balu Dhatrak ...Respondent
Mr. Hrishekesh Mundargi a/w Ms. Shrishti Singh for the Applicants.
Mrs. Kranti T. Hiwarale, A.P.P for the Respondent-State.
Mr. Rajendra B. Mokashi for the Respondent No.2.
API - Mr. Bajarang Jagtap attached to Bandra Police Station, Mumbai,
present.
CORAM : REVATI MOHITE DERE &
SANDESH D. PATIL, JJ.
DATE : 12th NOVEMBER, 2025
ORAL JUDGMENT (PER REVATI MOHITE DERE, J.) :
1. Heard learned Counsel for the parties.
916-APL-533-2025.doc
2. Rule. Rule is made returnable forthwith with the consent
of the parties and is taken up for final disposal.
3. Learned APP waives notice on behalf of the Respondent
No.1 - State and Mr. Rajendra Mokashi waives notice on behalf of the
respondent No.2.
4. By this application, the applicants seek quashing of the FIR
registered vide C.R.No.1373 of 2024 with the Bandra Police Station,
Mumbai, for the alleged offences punishable under Sections 421, 420,
419, 411, 408, 406, 403 r/w 34 and 120B of the Indian Penal Code as
against the applicants with the consent of the original complainant i.e.
Representative/Director of Ultra Live Space Private Limited.
5. According to the respondent No.2 / original complainant,
the applicant No.1 was employed with M.J. Shah Group of
Company's Ultra Live Space Private Limited, in the marketing Section
in Mumbai. It is the respondent No.2's case that from 1 st October,
916-APL-533-2025.doc
2020 to 11th July, 2023, the applicants received offers from various
production companies to conduct shoots in a building and that these
companies included prominent names such as Dharma Production,
Amazon Studio etc. It is respondent No.2's case that the applicants
alongwith original accused No.2 and his accomplices attempted to
defraud the company i.e. M/s Ultra Live Spaces Private Limited.
Pursuant thereto, the respondent No.2 lodged the aforesaid C.R
against the applicants and other accused.
6. As far as the applicants are concerned, the applicants are
alleged to have misappropriated a sum of Rs.65,00,000/- from the
respondent No.2 / company. It appears that post registration of the
FIR, the parties amicably settled their dispute and entered into
Consent Terms. The said Consent Terms were filed by some of the
applicants i.e. Mr. Adnan Kanorwala and Mrs.Rashida Adnan
Kanorwala and the respondent No.2 in Criminal Anticipatory Bail
Application Nos. 3255 of 2024 and3257 of 2024. The said Consent
Terms are at 'Exhibit-B' at page 31 of the application. Clause (VI) of
916-APL-533-2025.doc
the said Consent terms which is at page 37 of the application, reads
thus:
"VI. That the Org. Complainant / First Informant agrees to
remain present as and when directed by the court and to
provide his consent during the proceedings for the
quashing of FIR bearing C.R.No. 1373 of 2024 dated
24/09/2024."
7. It appears from the Consent Terms that the applicants have
paid a sum of Rs.65,00,000/- to the respondent No.2, pursuant to
which, anticipatory bail was granted to the applicants in view of the
Consent Terms.
8. Today, the Directors of respondent No.2 - M/s. Ultra Live
Spaces Private Limited, Mr. Jignesh Shah and Tushar Shah have
tendered their affidavits. Both the affidavits are taken on record.
9. Learned Counsel for the respondent No.2 states that the
respondent No.2 have received the amount due and payable which
was allegedly misappropriated by the applicants and as such, the
Directors of the Ultra Live Spaces Private Limited have no objection if
916-APL-533-2025.doc
the C.R. is quashed and set aside only qua the applicants.
10. Both the Directors of M/s. Ultra Live Spaces Private
Limited are present in Court. They are identified by their respective
Counsel. When questioned, they reiterate the contents of the
affidavit. They state that the dispute has been amicably settled only
between the applicants and M/s Ultra Live Spaces Private Limited and
that, they have no objection if the FIR registered vide C.R.No.1373 of
2024 with the Bandra Police Station, Mumbai, is quashed and set aside
only qua the said applicants.
11. Learned APP, on instructions, states that there is no forgery
of any documents and the case pertains to misappropriation of money
by the applicants.
12. Considering the nature of dispute, the Judgments of the
Apex Court in this regard and the affidavits filed by the Directors of
M/s. Ultra Live Spaces Private Limited, and the Consent Terms entered
into by the parties, we deem it appropriate to allow the application.
916-APL-533-2025.doc
13. Application is accordingly allowed. The FIR registered
vide C.R.No.1373 of 2024 with the Bandra Police Station, Mumbai, is
quashed and set aside only qua the applicants.
14. The applicants, together, and the respondent No.2 to
deposit costs of Rs.50,000/- each with the Mumbai Police Welfare
Fund bearing Account No. 465010100008693, Bank Name:Axis
Bank, Branch Name:Upper Govind Nagar, IFSC No. UTIB0000465,
within a period of two weeks from today.
15. Rule is made absolute on the aforesaid terms and the
application stands disposed of accordingly.
16. Matter to be listed under the caption 'For Recording
Compliance' on 3rd December, 2025.
17. All concerned to act on the authenticated copy of this
order.
SANDESH D. PATIL, J. REVATI MOHITE DERE, J.
