Arvind Algoo Singh @ Dara Singh And ANR v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2419 OF 2025

1. Arvind Algoo Singh @ Dara Singh ]

2. Surendra Pratap Algu Singh @ Randha Singh ] Both are r/o. Nallasopara (E), Vasai, Palghar ] .. Petitioners

Versus

1. State of Maharashtra, ] Through Government Pleader ]

2. Senior Inspector of Police, ] Waliv Police Station ]

3. Pawan Abhimanyu Singh, ] R/o. Mira Road (E), Dist. Thane ] .. Respondents Mr. Vivek Pandey, Advocate for the Petitioners. Mr. S.V. Gavand, Additional Public Prosecutor for Respondent Nos.1 and 2.

Mr. Ganesh Bhujbal, i/by Mr. B.D. Shinde, Advocates for Respondent No.3.

CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE : 10TH OCTOBER 2025.

Per Gautam A. Ankhad, J.

The present Writ Petition is filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing, by consent, of the C.R. No. 229 of 2025 registered with the Waliv Police Station under sections 420, 406, 504 and 506 r/w 34 of the Indian Penal Code, 1860.

2.

The FIR was registered against the petitioners by respondent no.3 with respect to a contractual dispute over a plot of land. This land dispute has been now resolved amicably.

3.

Mr. Bhujbal, the learned counsel for the Respondent No.3 Digitally signed by SNEHA ABHAY DIXIT Date:

2025.10.17 16:16:02 +0530 1/2 2-WP-2419-2025.doc Dixit SNEHA ABHAY DIXIT

reiterates his client's no objection to the quashing of FIR. The respondent no.3 has filed an affidavit dated 10th October 2025 recording his consent to the quashing of the FIR and any proceedings arising therefrom. The affidavit also mentions that the parties have signed the Consent Terms dated 7th August, 2025. The said affidavit is taken on record and marked as "X" for identification.

4.

Therefore, continuation of any criminal proceedings hereinafter would serve no fruitful purpose and would be an unnecessary burden on the Courts. It is settled law as held by the Hon'ble Supreme Court in "Manoj Sharma v. State, (2008) 16 SCC 1" that the Court is empowered to quash the criminal proceedings to prevent the abuse of process of law especially in light of civil disputes attaining a criminal colour, more particularly, when the parties have resolved their disputes. In view of the above, Writ Petition No.2419 of 2025 is allowed in terms of prayer clause (a), which reads as under:- "(a) That this Hon'ble Court be pleased to quash and set aside the F.I.R. being C.R. No. 229/2025 dated 20/03/2025 registered by Waliv Police Station for commission of offences punishable u/s 420, 406, 504 and 506 r/w 34 of Indian Penal Code." 5.

There would be no order as to costs.

[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] 2/2 2-WP-2419-2025.doc Dixit