Chintamani Dattatraya Kurne ORS v. The State Of Maharashtra ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 5 OF 2026 Shri. Chintamani Dattatraya Kurne And Ors.

...Petitioners

Versus

The State of Maharashtra And Anr.

...Respondents

__________ Mr. Siddharth R. Karpe, learned Advocate for the Petitioners. Petitioner Nos. 1, 2 & 4 are present in the Court and Petitioner No. 3 is appearing through VC.

Ms. Pallavi N. Dabholkar, learned A.P.P. for the State/Respondent. Mr. Ketan Joshi, learned Advocate for Respondent No. 2. Respondent No. 2 is present in the Court.

PSI Mr. Latpate attached to Kalepadal Police Station, District-Pune City is present in the Court.

__________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

17th FEBRUARY 2026.

P.C. :

1.

Heard Mr. Siddharth Karpe, learned Advocate for the Petitioners, Ms. Pallavi Dabholkar, learned A.P.P. for the State/Respondent and Mr. Ketan Joshi, learned Advocate for Respondent No. 2.

2.

This Petition is preferred by the Petitioners under Article 226 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of the First Information Report bearing No. 443 of 2025 dated 04.11.2025 registered with Kalepadal Police Station, District-Pune City for the offences punishable under Sections 316(2), 318(4) & 3(5) of the

Bharatiya Nyaya Sanhita, 2023.

3.

Petitioner Nos. 1, 2 & 4 are present in the Court along with their Advocate Mr. Siddharth Karpe. Petitioner No 3 appears through Video Conference, is identified by Advocate Mr. Siddharth Karpe. Mr. Siddharth Karpe tenders photostat copies of Aadhar Cards of Petitioner Nos. 1 to 4 as photo identity proof. The same are taken on record and marked as "X Colly." for identification. 4.

Respondent No. 2, who is present in the Court, is identified by his Advocate Mr. Ketan Joshi. Mr. Ketan Joshi tenders photostat copy of Aadhar Card of Respondent No. 2 as photo identity proof, which is taken on record and marked as "X-1" for identification. 5.

Mr. Ketan Joshi tenders an Affidavit dated 17.02.2026 affirmed by Respondent No. 2 before the Notary Advocate Bidhu Panicker, Nerul (West), Navi Mumbai. Same is marked as "X-2" for identification. Respondent No. 2, who is present in the Court, states that he has filed the said Affidavit dated 17.02.2026 (X-2) out of his own free will and without any pressure, force or coercion from any person. He states that the contents of Affidavit (X-2) are as per his say. He reiterates that the dispute between him and the Petitioners is amicably resolved, as such he gives No Objection for quashing of the criminal proceedings.

6.

Mr. Siddharth Karpe and Mr. Ketan Joshi relying on the Affidavit (X-2) filed by Respondent No. 2 submit that the Petitioners and Respondent No. 2 have amicably resolved their dispute. They submit that Petitioners and Respondent No. 2 have executed the Memorandum of Understanding dated 17.01.2026.

They submit that Petitioners and Respondent No. 2 have resolved the entire controversy/dispute amongst themselves, as recorded in the MOU dated 17.01.2026 (Exhibit-B at Page Nos. 37 to 44 of the paper-book). They submit that Petitioners and Respondent No. 2 have no grievance against each other, as such Respondent No. 2 has agreed to withdraw all criminal proceedings filed by him against the Petitioners. They therefore request that the criminal proceedings may not be continued.

7.

Ms. Pallavi Dabholkar, learned A.P.P. for the State/Respondent submits that the Petitioners ad Respondent No. 2 have converted a pure commercial transaction into a criminal case and thereby utilized the police machinery. She however submits that the Petitioners and Respondent No. 2 having now resolved their dispute and Respondent No. 2 giving his No Objection for quashing of the criminal proceedings read with his statements in the Affidavit (X-2) and MOU dated 17.01.2026, no purpose would be served by continuing with the criminal proceedings. She therefore submits that the impugned FIR and the criminal proceedings arising out of the impugned FIR can be quashed. She however insists for imposition of exemplary costs on the parties. 8.

Mr. Siddharth Karpe, learned Advocate on instructions from Petitioner Nos. 1, 2 & 4, who are present in the Court and Mr. Ketan Joshi, learned Advocate on instructions from Respondent No. 2, who is present in the Court, state that appropriate cost would be paid.

9.

Considering the facts as placed before me, the nature of

dispute, the matter being amicably settled between the Petitioners and Respondent No. 2, the statements made on oath by Respondent No. 2 (Affidavit at X-2), the MOU dated 17.01.2026 and having regards to the pronouncements of the Hon'ble Supreme Court in the cases of Gian Singh v/s. The State of Punjab and Another1, Narinder Singh and Others v/s. State of Punjab and Another2 and Parbatbhai Aahir Alias Parbatbhai Bhimsinbhai Karmur and Others Vs. State of Gujarat and Anr.3, there is no impediment in allowing this Criminal Writ Petition. 10.

In view of the above, Criminal Writ Petition is allowed in terms of prayer clause (b) subject to payment of cost of Rs. 50,000/- by the Petitioners and Rs. 50,000/- by Respondent No. 2 as condition precedent. Consequently, the impugned FIR bearing No. 443 of 2025 dated 04.11.2025 registered with Kalepadal Police Station, District-Pune City for the offences punishable under Sections 316(2), 318(4) & 3(5) of the Bharatiya Nyaya Sanhita, 2023, is quashed. Criminal proceedings against the Petitioners arising out of the impugned FIR are closed.

11.

Petitioners shall deposit cost of Rs. 50,000/- in the following account within a period of 3 weeks from today and furnish proof of deposit before the Registry of this Court by filing an Affidavit of compliance on or before 16.03.2026 :- Bank Name :

Axis Bank Limited Branch Name :

Worli, Mumbai (M.H.), Mumbai-400 Account Name :

Central Police Welfare Fund, Director

1. (2012)10 Supreme Court Cases 303.

2. (2014)6 Supreme Court Cases 466.

3. (2017) 9 SCC 641.

General MS, Mumbai Account Number :

914010029005759 IFSC Code : UTIB0000060 12.

Respondent No. 2 shall deposit cost of Rs. 50,000/- in the following account within a period of 2 weeks from today and furnish proof of deposit before the Registry of this Court by filing an Affidavit of compliance on or before 16.03.2026 :- The High Court Employees Medical Welfare Fund at Mumbai Account No.: 000120110001337 Bank : Bank of India Branch : Mumbai Main IFSC Code : BKID0000001 13.

Criminal Writ Petition No. 5 of 2026 is disposed of in the above said terms.

[ASHWIN D. BHOBE, J.] by GITALAXMI KRISHNA KOTAWADEKAR Date:

2026.02.24 21:24:30 +0530 GITALAXMI KRISHNA KOTAWADEKAR