Bombay High Court
Gopal Shivram Dalvi And Anr. vs State Of Maharashtra And Anr. on 13 November, 2025
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
2025:BHC-AS:50171-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1276 OF 2025
1. Jitendra Jain
Age : 44 Years, Occ. Business.
Residing at 25, Manas N.S.,
Road No.6, J.V.P.D. Scheme,
Vile Parle (East), Mumbai-400 056.
2. Ketan Anandilal Shah
Age 44 years, occ. Busienss
Residing at 1202, Chandamala App.
R.R. Thakkar Marg, Malbhar Hills,
Mumbai.
3. Mr. Sushil Mantri
Age 57 Years, Shanti Vimal, Ground Floor,
P.M. Road, Vile Parle (East),
Mumbai-400 057. ... Applicants
V/s.
1. The State of Maharashtra
(At the instance of Economic Offence
Wing, Mumbai)
2. Sachidanand S. Padgaonkar
Aged 51 years, occ. Busienss.
4, Madhukendra N.C. Kelkar Road,
Dadar (West), Mumbai-400 028. ... Respondent No.2
Original Complainant
3. Huni Wadhwani
Age : 44Years, Occ. Business.
Flat No.3503, Tower T6, Dhabolkar Wadi
Jerbai Wadia Road, Bhoiwada, Parel,
Mumbai-400 012. ... Respondent No.3
WITH
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CRIMINAL WRIT PETITION NO.2197 OF 2024
Gopal Shivram Dalvi
Age 39 Years, Occ. Business.
Residint at B/401, Bafna Apartment,
Mogul Lane, Matunga (West),
Mumbai-400 056 ... Petitioner
V/s.
1. The State of Maharashtra
(GBCB, EOW, Housing-1, Vide
C.R. No.106 of 2018)
2. Sachidanand S. Padgaonkar
Age ... Years, Occ. Business
4, Madhukendra N.C. Kelkar
Road, Dadar (West), Mumbai-28
3. Hunny Kanhiyalal Wadhwani
(1) Flat No.3503, Tower 6,
Crescent Bay, Jerbai Wadia Road,
Bhoiwada, Parel, Mumbai.
(2) C/o. Sterlite Industries (I) Ltd.
Vedanta, 75, Nehru Road,
Vile Parle (East),
Mumbai-400 099
------
Mr. Murtaza Nazmi a/w Mr. Dilip Shukla for the Applicants in Criminal
Application No.1276 of 2025.
Mr. Joel Carlos a/w Mr. Zishan Quazi for the Petitioner in Writ Petition
No.2197 of 2024.
Ms. Gauri S. Rao, A.P.P. for the Respondent No.1-State.
Ms. Shaila Taware a/w Ms. Hasti Bhanushali for Respondent No.2 in
both Criminal Application and Writ Petition.
Mr. Devidas Sabharwal for Respondent No.3 in both Criminal
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Application and Writ Petition.
Mr. Sandeep Pise, Housing-1, EoW, Mumbai.
------
CORAM : REVATI MOHITE DERE &
SANDESH D. PATIL, JJ.
DATE : 13th NOVEMBER 2025
Oral Judgment (Per Revati Mohite Dere, J.)
1) Heard learned Counsel appearing for the Applicant and the
Petitioners and the learned Counsel appearing for the Respondents in
both the aforesaid Petition and the Criminal Application.
2) Rule. Rule is made returnable forthwith with the consent of the
parties and taken up for final disposal. Learned Counsel appearing for
the respective Respondents waive notice on behalf of the said
Respondents.
3) By the aforesaid Petition/Application, the Petitioner/Applicants
seek quashing of F.I.R. registered vide C.R. No.106 of 2018 with the
EOW, Housing-1, Mumbai and chargesheet filed as against the
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Petitioner/Applicants for the alleged offence punishable under Sections
409, 420 read with 120(b) of the Indian Penal Code, 1980 and Sections
3, 4, 5, 13 and 14(1)(2) of the Maharashtra Ownership of Flats Act,
1963 ('MOFA') at the instance of the Respondent No.2/original
complainant. Quashing is also sought of the proceeding being C.C.
No.886/PW/2021, which is pending before 47 th Court, Esplanade,
Mumbai.
4) Quashing is sought on the ground that the Petitioner/Applicants in
the Petitioner/Application, have amicably settled their dispute with the
Respondent Nos.2 and 3 in both the above proceeding. The Applicants
are the partners of Kamala Landmark Group Company, whereas,
according to the learned Counsel for the Petitioner in Writ Petition
No.2197 of 2024, the Petitioner therein, was an ex-partner. Be that as
it may, we are not required to go into the same, since the parties have
amicably settled their dispute amicably.
5) It appears that the Respondent No.2-original complainant was not
given the premises, as promised by the Applicants/Petitioner, pursuant to
which, the aforesaid F.I.R. was registered vide C.R. No.106 of 2018,
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with the Economic Office Wing, Housing-1, Mumbai, for the aforesaid
offences.
6) During the course of investigation, it was found that apart from
the complainant, one more person, i.e. the Respondent No.3 in both the
proceedings, was also cheated. After investigation, chargesheet was filed
in the said case and the proceeding is presently pending before the
learned Metropolitan Magistrate's Court, Esplanade, Mumbai.
7) During the pendency of the aforesaid case, the parties, i.e. the
Petitioner/Applicants and Respondent Nos. 2 and 3, have amicably
settled their dispute.
8) Learned Counsel for the Respondent No.2 has tendered an
Affidavit of Respondent No.2-Sachidanand S. Padgaonkar in both the
aforesaid Criminal Application and the Petition.
9) The said Affidavit of the Respondent No.2-Sachidanand S.
Padgaonkar (Original Complainant) in both the aforesaid Criminal
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Application and the Petition, is taken on record. In the said Affidavit,
the Respondent No.2 has given his no objection for quashing of the
case/proceeding, initiated at his behest as against the
Petitioner/Applicants, since the dispute has been amicably settled
between them.
10) Learned Counsel for the Respondent has also tendered an Affidavit
of the Respondent No.3-Hunny Wadhwani S/o. Shri Kanhaiyalal
Wadhwani, in both the aforesaid Criminal Application and the Petition.
The said affidavit is also taken on record. In the said Affidavit, the
Respondent No.3-Hunny Wadhwani, has given his objection and consent
for quashing of the aforesaid F.I.R., chargesheet and proceeding, since
the dispute has been amicably settled between him, the Petitioner and the
Applicants.
11) Ms. Gauri Rao, learned A.P.P. for the Respondent No.1-State, on
instructions from Mr. Sandeep Pise, EoW, Housing-1, Mumbai, states
that during the course of the investigation, except for Respondent Nos.2
and 3, no other persons were found to be cheated. She further states
that hence, on the basis of the statements of Respondent Nos.2 and 3,
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investigation progressed and chargesheet came to be filed.
12) Respondent Nos. 2 and 3, are present in Court. They admit and
reiterate the contents of their respective Affidavits tendered across the
bar and which are taken on record. They state that the matter has been
settled amicably between them and the Petitioner/Applicants.
13) The Respondent Nos.2 and 3 have been identified by their
respective Advocate. The Investigating Officer, who is present in Court,
has also identified by Respondent Nos. 2 and 3.
14) In view of the amicable settlement between the parties, i.e. the
Petitioner, the Applicants and the Respondent Nos.2 and 3, in both the
Criminal Application and the Petition, Affidavits of the Respondent
Nos.2 and 3 and the judgments of the Apex Court Gian Singh vs. State
of Punjab & Anr.1 and Narinder Singh & Ors. vs. State of Punjab & Anr.2,
there is no impediment in allowing the Criminal Application and the
Petition.
1 (2012) 10 SCC 303
2 (2014) 6 SCC 466
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15) Criminal Application No.1276 of 2025 and the Criminal Writ
Petition No.2197 of 2024 are, accordingly, allowed and the F.I.R.
registered by vide C.R. No.448 of 2018 dated 12/12/2018, with the
Mahim Police Station, Mumbai and subsequently, transferred to and
re-registered by the Economic Offences Wing (EOW), Brihan Mumbai,
as C.R.No.106 of 2018, the chargesheet and proceeding, pending before
the Addl. Chief Metropolitan Magistrate Court, 47 th Court, Esplanade,
Mumbai, being Court Case No.886/PW/2021, are quashed and set
aside.
16) The Petitioner and the Applications as well as the Respondent Nos.
2 and 3, to pay costs of Rs.50,000/- (Rs. Fifty Thousand Only) each to
the Mumbai Police Welfare Fund, bearing Account
No.465010100008693, Bank Name : Axis Bank, Branch Name : Upper
Govind Nagar, IFSC No.UTIB0000465, within two weeks from today.
17) Rule is made absolute in the aforesaid terms. Criminal Application
No.1276 of 2025 and the Criminal Writ Petition No.2197 of 2024, are
disposed of accordingly.
903+ 35. APL 1276-2025 +2197-2024.doc
18) Criminal Application No.1276 of 2025 and the Criminal Writ
Petition No.2197 of 2024, be placed on board on 4th December 2025,
for recording compliance of the Order of deposit.
19) All parties to act on the authenticated copy of this Order.
(SANDESH D. PATIL, J.) (REVATI MOHITE DERE, J.)
RAJESH RAJESH VASANT
VASANT CHITTEWAN
CHITTEWAN Date: 2025.11.20
19:58:24 +0530
