Arun Ramlal Yadav And ANR v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3149 OF 2025
1. Arun Ramlal Yadav ]
2. Mohanram Chaudhary ] .. Petitioners
Versus
1. The State of Maharashtra, ] Through Navghar Police Station ]
2. Anand Shobhnath Mishra ] .. Respondents Mr. Ashwin R. Kapadnis with Mr. Vivek Rane and Mr. Kuldeep Jain, Advocates for the Petitioners.
Mr. K.V. Saste, Additional Public Prosecutor for Respondent No.1. Mr. Shambu Jha with Mr. Suraj Pamdey and Mr. Afsar Ansari, Advocates for Respondent No.2.
Mr. Arun Ramlal Yadav and Mr. Mohanram Chaudhary, Petitioner Nos.1 and 2 are present in Court.
Mr. Anand Shobhnath Mishra, Respondent No.2 is present in Court.
CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.
DATE : 12TH NOVEMBER 2025.
PER, GAUTAM A. ANKHAD, J.
The present Writ Petition is filed seeking the following reliefs: "(a) Rule be issued and record and proceedings be called for; (b) This Hon'ble Court be pleased to issue appropriate Writ or any other appropriate order/direction under Article 226 of the Constitution of India, 1950 and also u/sec. 482 of the Criminal Procedure Code, thereby seeking to quash and set aside the CR. No. 508 of 2024, registered with Navghar Police Station, Tal. Thane, Dist. Thane, dated 15.09.2024 for the offences punishable u/s 406, 420 & 34 of the Indian Penal Code, 1860 against the petitioners;" 2.
The petitioners and the respondent no.2 are partners in a firm called "Orchid Multispeciality Hospital & SAAD Medical". Disputes arose between the parties as the respondent no.2 alleged that the petitioners were carrying out unauthorized transactions on behalf of the partnership firm and were siphoning off the funds to their personal accounts.
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3.
Pursuant to the filing of the FIR, the disputes have now been settled amicably through the intervention of the friends and family of the parties. The parties have also entered into a settlement agreement dated 7th December, 2024 wherein they have agreed to end all their disputes. The respondent no.2 has voluntarily retired through the Retirement Deed dated 17th December, 2024 and has released his rights, share, and interest in the said partnership deed in favour of the petitioners. The same is recorded in the affidavit dated 6th May, 2025 filed by the respondent no.2 in the present petition and is a part of the records of this Court. Mr. Jha, the learned counsel for the Respondent No.2 reiterates his client's no objection to the quashing of FIR and all proceedings arising therefrom. The parties have filed their appearances in their own handwriting on plain paper which forms part of the record. 4.
In light of the above, it would bear no fruitful purpose if the present proceedings are permitted to be pursued further. The Hon'ble Supreme Court has held in "Madan Mohan Abbot v. State of Punjab, (2008) 4 SCC 582" that the Court is empowered to quash the criminal proceedings in matters wherein the disputes are arising out of business transactions and the complainant no longer wishes to pursue the proceedings. Hence, Writ Petition No.3149 of 2025 is allowed in terms of prayers (a) and (b) above. [ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] Digitally signed by SNEHA ABHAY DIXIT Date:
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