Rameswr Sarvadaman Sambari And ORS v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4990 OF 2025
1. Rameswr Sarvadaman Sambari ] Director of M/s. Saanvi Landmarks Pvt. Ltd.
]
2. Santosh Ramana Shetty, ] Ex-Director of M/s. Saanvi Landmarks Pvt. Ltd. ]
3. Jaswanil Sarvadaman Sambari, ] Director of M/s. Saanvi Landmarks Pvt. Ltd.
] All having address at Bhusari Colony, ] Kothrud, Pune City, Pune ] .. Petitioners
Versus
1. State of Maharashtra, ] Through EOW, Pune City, Pune ]
2. Dr. Vijayalakshmy Gupta, ] R/o. Vasant Vihar, New Delhi ] .. Respondents Mr. Abhishek Jha, Advocate, i/by Jha Legal Associates, for the Petitioners.
Mrs. G.P. Mulekar, Additional Public Prosecutor for Respondent No.1.
Mr. Anuj Pande, Advocate for Respondent No.2. CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.
DATE : 16TH OCTOBER 2025.
Per Gautam A. Ankhad, J.
The allegations in the FIR, prima facie discloses that, there was an agreement between the petitioners' firm namely M/s Saanvi Landmarks Pvt. Ltd. and the respondent no.2 for the development of certain land bearing Plot No. A-11, admeasuring 485.28 sq. mtrs i.e. 5223.55 sq.ft. in the layout of Survey No.18/4/B, 19/2, 19/3/1, Border Roads Co-operative Housing Society, situated at Dhanori within the limits of Pune Municipal Corporation and the present FIR was lodged in relation to the transaction relating to the same. The 1/2 911-WP-4990-2025.doc Dixit
Petitioner has filed the present Criminal Writ Petition under Article 227 of the Constitution of India and section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. 36 of 2021 registered with Vishrantwadi Police Station dated 27th April, 2023 under sections 406, 409, 420, 467, 468, 469, 471, and 34 of the Indian Penal Code, 1860.
2.
The parties have executed Consent Terms dated 26th August, 2025 wherein at it is recorded that the respondent no.2 has agreed to put an end to all litigations against the petitioners including the disputes under the present FIR. It also records the respondent no.2's consent to the quashing of the FIR and any proceedings arising therefrom. Mr. Pande, the learned counsel for the respondent no.2 reiterates his client's no objection to the quashing of FIR. The Aadhar card of all the parties present in court is tendered. The same is taken on record. The said consent terms dated 26th August, 2025 is part of the present proceedings as "Exhibit-I" and is taken on record.
3.
Since the disputes between the petitioner and the respondent no.2 have now been amicably resolved, as per the law laid down by the Hon'ble Supreme Court in the case of "Gold Quest International (P) Ltd. v. State of T.N., (2014) 15 SCC 235", the Court is well empowered to quash and set aside criminal proceedings to prevent miscarriage of justice, particularly in light of civil disputes that are disguised as criminal proceedings. In view of the above, Writ Petition No.4990 of 2025 is allowed in terms of prayer clause (a) and is disposed of accordingly.
SNEHA ABHAY DIXIT [ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] by SNEHA ABHAY DIXIT Date: 2025.10.21 20:01:08 +0530 2/2 911-WP-4990-2025.doc Dixit