Citation : 2026 Latest Caselaw 856 Bom
Judgement Date : 27 January, 2026
2026:BHC-NAG:1283-DB
25apl 2051.25.odt+ connet..odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 2051 OF 2025
1. Ravi s/o Ratankumar Agrawal,
Aged Adult,
Occupation : Director,
R/o 2004, R.K. Villa, L-14,
Swarnabhoomi, Vidhan Sabha
Road, Ama Seoni,
Dist. Raipur,
Chattisgarh-493111
2. Gopal Kumar s/o Bhagwan Dash
Agarwalla
Aged Adult
Occupation: Charted Accountant,
R/o; C-1/12, Sectiorn 02, CSEB Sub
Station, Devendra Nagar, Raipur
Gunj Raipur, Chhattisgarh-493111
3. Ashok s/o Rushikesh Agrawal,
Age: 60 Yrs. Occ:- Retired,
R/o: A-8, Rajiv Nagar Extention,
Dist. Raipur, Chhattisgarh- 492001
4. Subhash Chand s/o Mangat Ram
Mittal,
Age:60 Yrs. Occ. Private,
R/o: House No.101, VIP Height
(VIP City), Saddu, Raipur,
Chhattisgarh
5. Gaind Ram s/o Panch Ram Sahu, APPLICANTS
Age: 54 Yrs. Occ. Service,
R/o: Kosrangi, PO: Kosrangi,
Raipur, Chattisgarh
// V E R S U S //
1. The State of Maharashtra,
Through Police Station Officer, NON-APPLICANT
Police Station, Lakasganj
Dist. Nagpur
2. Sonal Agrawal w/o Manoj Agrawal
25apl 2051.25.odt+ connet..odt
2
Age:- 45 Yrs.
Occ: Private,
R/o: 401-Sai Pooja Apartment,
Near Jalaram Mandir, Lakadgunj,
Nagpur
-------------------------------------------------------------------------------------------
Mr. A.C. Jaltare, Advocate for the applicants.
Mr. N.B. Jawade, APP for non-applicant No.1 /State.
-----------------------------------------------------------------------------------------
WITH
CRIMINAL APPLICATION (APL) NO. 1912 OF 2025
1. Mrs. Priti Agrawal w/o Ravi
Agrawal
Aged about 38 years,
Occupation : Director, Housewife
C/o: Ravi Agrawal, R/o 2004, R.K.
Villa, L-14, Swarnabhoomi,
Vidhan Sabha Road, Ama Seoni,
Dist. Raipur, Chhattisgarh-493111
2. Mrs. Shakuntala Devi Agrawal
w/o Ratan Agrawal,
Age: 65 Yrs. Occ. Real Subscriber/
Director of OBCL R/o 2004, R.K.
Villa, L-14, Swarnabhoomi, Vidhan
Sabha Road, Ama Seoni,
Dist. Raipur, Chhattisgarh-493111
// V E R S U S //
The State of Maharashtra,
Through the Police Station Officer, NON-APPLICANTS
Police Station: Lakadganj,
District Nagpur
2. Mrs. Sonal Agrawal
w/o Manoj Agrawal
Age:- 45 Yrs.
Occ: Private,
R/o: 401-Sai Pooja Apartment,
Near Jalaram Mandir, Lakadgunj,
Nagpur
25apl 2051.25.odt+ connet..odt
3
-------------------------------------------------------------------------------------------
Mr. A.C. Jaltare, Advocate for the applicants.
Mr. N.B. Jawade, APP for non-applicant No.1 /State.
-----------------------------------------------------------------------------------------
WITH
CRIMINAL APPLICATION (APL) NO. 1893 OF 2025
1. Muskaan D/o Shayam Kishor
Gupta,
Aged 27 years,
Occupation : Company Secretary,
R/o H.No.22, Salka, Bajnathpur,
Surajpur, Dist. Surajpur (C.G.)
// V E R S U S //
The State of Maharashtra,
Through the Police Station Officer, NON-APPLICANTS
Police Station: Lakadganj,
District Nagpur
2. Mrs. Sonal Agrawal
w/o Manoj Agrawal
Age:- 45 Yrs.
Occ: Private,
R/o: 401-Sai Pooja Apartment,
Near Jalaram Mandir, Lakadgunj,
Nagpur
-------------------------------------------------------------------------------------------
Mr. A.C. Jaltare, Advocate for the applicants.
Mr. N.B. Jawade, APP for non-applicant No.1 /State.
-----------------------------------------------------------------------------------------
CORAM : URMILA JOSHI PHALKE, J.
JUDGMENT RESERVED ON:- 20.01.2026
JUDGMENT PRONOUNCED ON:- 27.01.2026
ORAL JUDGMENT :
1. Heard.
25apl 2051.25.odt+ connet..odt
2. ADMIT. Taken up for final disposal with the consent
of learned counsel for the parties.
3. These applications are filed by the applicants for
quashing of the First Information Report in connection with crime
No.940/2025 registered with the non-applicant No.2-Police
Station Lakadgunj under Sections 406, 409, 420, 465, 467, 468,
471, 120-B read with 34 of the Indian Penal Code (for short,
'IPC').
4. The crime is registered on an allegation that there
was financial fraud and illegal share transferred by the members
of her extended family and associated persons of M/s Orissa
Bengal Carrier Ltd, which is a public listed Transport Company.
The Orissa Bengal Carrier was originally started as a sole
proprietary firm in the year 1980 by the father of one Ravi
Agrawal namely Mr. Ratan Agrawal. In the year 1970 due to
professional and financial considerations, all three sons of late
Shri Rishikesh Agrawal had collectively migrated and settled in
different cities for earning their livelihood. One of the son Ratan
Agrawal established himself in Raipur and was running a
transport business. Another son Ashok Agrawal also shifted to 25apl 2051.25.odt+ connet..odt
Raipur and started his own business. Late Shri Sajjjan Agrawal
was married to Smt. Banarasi Agrawal and their only son Shri
Manoj Agrawal who is husband of present complainant. As per
the further allegations said Sajjan Agrawal died in the year 1995.
Said Ratan Agrawal also died in 2021. As per the allegations
Shri Manoj Agrawal was looking after the affairs of the company
and complainant and her son was also having the shares in the
said company. It is further alleged that there was a settlement
between family members and in pursuance of the mentioned
settlement the share owned by Mr. Manoj Agrawal complainant
and their Hindu Undivided Family were gradually transferred by
them in favour of Mrs Banarasi Devi Agrawal and said Banarasi
Devi has transferred the same to Mr. Ravi Agrawal and his Hindu
Undivided Family. As many as 13 trucks which were owned by
M/s Orissa Bengal Carrier Ltd. and by transferred to Ms. Jai
Durga Logistic which is firmed owned and operated by
Mrs. Sonal.
5. In the year 2024 the dispute started between families
regarding the amount of money. Mr. Manoj Agrawal was supposed
to pay Mr. Ravi Agrawal out of their PPF Account as the dispute 25apl 2051.25.odt+ connet..odt
arose between them. It is alleged that Ravi Agrawal has received
the threats from the family of the Manoj Agrawal and therefore,
the complaint was filed by Mr. Ravi Agrawal to the police. Said
Manoj Agrawal also sent legal notice to the company of Ravi
Agrawal and there was exchange of the legal notices between
them.
6. As the FIR came to be registered against the present
applicants as above mentioned they approached to this Court for
quashing of the FIR on the ground that the dispute between them
is civil in nature as to the settlements of the assets and liabilities
and therefore, no criminal offence is made out. During the
pendency of this applications, the deed of settlement was executed
between the parties and both the parties have decided to settle the
dispute.
7. The agreement terms are filed on record. As per the
said agreement terms the dispute between the parties pertains to
mutual misunderstanding as the applicant Nos.1, 2, 3 and 6 and
non-applicant No.2 were relatives of each other and therefore,
they have decided to amicably settled the disputes to maintain the
relationship between them. The settlement terms by way of joint 25apl 2051.25.odt+ connet..odt
affidavit filed on record. I personally verified from the parties as
well as the genuineness and contents of the settlement are verified
by Registrar (Judicial). Both the parties have agreed and accepted
the terms of the settlement.
8. Thus, the situation would squarely falls within the
parameters laid down by the Hon'ble Supreme Court of India in
State of Haryana and others Vs. Ch. Bhajanlal and others, reported
in AIR 1992 SC 604, the continuation of proceeding would be of
no relevance and, therefore, no purpose would be served in
continuing the same. Thus, to secure the ends of justice it would
be appropriate to quash the F.I.R. stated (supra) so that peace is
brought between the parties interse. Thus, the ends of justice
would justify exercise of inherent power under Section 482 since
ultimate consequence may be an acquittal. The continuation of
criminal proceeding would thus be an exercise of futility and
justice in the case demands that the dispute between the parties is
to an end and peace is restored securing the ends of justice being
ultimate guiding factor.
9. Thus, continuing of the present proceeding which is
lodged in pursuance of FIR bearing Crime No.940/2025 would be 25apl 2051.25.odt+ connet..odt
an exercise in futility. I therefore, no hesitation to quash the said
FIR registered under Sections 406, 409, 420, 465, 467, 468, 471,
34 and 120-B.
10. It is however to be noted that entire police machinery
was set in motion by the non-applicant No.2 as also the applicants
and thereafter matter is amicably settled. The police machinery
have spared their time in investigating the matters recording the
statements of the witnesses. It would therefore, in the interests of
justice to impose costs on the applicants as well as non-applicant
No.2.
11. Hence, I proceed to pass the following order:-
ORDER
(i) The Criminal Applications are allowed.
(ii) The First Information Report in connection with
crime No.940/2025 dated 11.11.2025 registered with the
non-applicant No.2-Police Station Lakadganj under Sections
406, 409, 420, 465, 467, 468, 471, 120-B read with 34 of
the Indian Penal Code is quashed and set aside to the extent
of applicants namely Ravi s/o Ratankumar Agrawal, Gopal
Kumar s/o Bhagwan Dash Agarwalla, Ashok s/o Rushikesh 25apl 2051.25.odt+ connet..odt
Agrawal, Subhash Chand s/o Mangat Ram Mittal, Gaind Ram
s/o Panch Ram Sahu, Mrs. Priti Agrawal w/o Ravi Agrawal,
Mrs. Shakuntala Devi Agrawal w/o Ratan Agrawal and
Muskan D/o Shyam Kishor Gupta.
(iii) However, the applicants as also non-applicant
No.2 are directed to pay costs of Rs.1,00,000/- (Rupees One
Lakhs Only) each.
(iv) The said costs be deposited in the "Public
Welfare Account" bearing No.129712010001014, IFSC Code
No.UBIN0812978 with Union Bank of India, High Court
Branch, Civil Lines, Nagpur.
(v) The order will come into effect after depositing
the costs.
(vi) The compliance report to be filed before this
Court.
12. The criminal applications stand disposed of in
the above said terms.
Pending applications, if any, also stand disposed of.
(URMILA JOSHI PHALKE, J.) manisha Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 28/01/2026 10:28:56
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!