Ravish Kashinath Tandel v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.6002 OF 2025 Ravish Kashinath Tandel, ] R/o. Vasundri, Post : Manda, Kalyan ] .. Petitioner

Versus

1. State of Maharashtra, ] Through Kalyan Taluka Police Station ]

2. Anita Bernadine Lewis, ] R/o. Vasundri, Post : Manda, Kalyan ] .. Respondents Mr. Dushyant Pagare, Advocate for the Petitioner. Mr. Amar Gharte, Advocate for Respondent No.2. Mr. S.V. Gavand, Additional Public Prosecutor for Respondent No.1-State of Maharashtra.

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

DATE : 21ST NOVEMBER 2025.

PER, GAUTAM A. ANKHAD, J.

The present Writ Petition is filed under Article 226 of the Constitution of India and section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023, seeking following relief: "a. This Hon'ble Court may be pleased to quash and set aside the FIR bearing No.0224 of 2019 registered on 16/04/2019 with Kalyan Taluka Police Station, District - Thane along with charge-sheet and all further proceedings arising therefrom including RCC No.954 of 2019 pending before the Ld. 4th JMFC Court at Kalyan against the petitioner."

2.

The dispute between the parties pertains to a property bearing survey nos.66/1 and 66/5 at Vasundri village, Thane. Pursuant to the dispute, the parties herein have filed FIRs against each other. The present FIR No.224 of 2019 registered with Kalyan Taluka police station on 16th April 2019 for offences punishable 1/3

under sections 420, 447, 464,467, 468 and 471 of the Indian Penal Code, 1860 is registered at the instance of the respondent no.2. A charge-sheet has been filed in the consequential proceedings arising therefrom which are currently pending before the learned 4th Judicial Magistrate First Class, Kalyan. 3.

The dispute between the parties now have been amicably settled. The parties have executed an Memorandum of Understanding (MoU) dated 16th October 2025 which is at page 265 of the paper-book. The MoU records that the parties agree to jointly cooperate and consent to quash the FIRs filed by them respectively. The parties have agreed to withdraw all civil proceedings and complaints relating to the subject matter of the dispute.

4.

Mr. Gharte, the learned counsel for the respondent no.2, has tendered an affidavit dated 16th October 2025 across the bar which records that the respondent no.2 has settled his differences with the petitioner and has no objection to quashing of the said FIR. The affidavit is taken on record and attached at appropriate place. The parties are present in the Court and identified by their respective counsel. The parties have affixed their signatures and recorded their appearance in their own handwriting. The appearance of the parties and copies of their Aadhaar cards are taken on record.

5.

It is settled principle of law, as reiterated by the Hon'ble Supreme Court in "Jaswant Singh v. State of Punjab" (2022) 19 SCC 451 that criminal cases having civil flavour, particularly offences arising from commercial transactions where parties have resolved their entire dispute stand on a different footing for purposes of quashing and in such scenarios inherent powers ought to be exercised to secure ends of justice. In light of the 2/3

settlement reached between the parties, continuance of the criminal proceedings against the petitioner would be an abuse of process of law and would be inconsequential. Writ Petition No.6002 of 2025 is allowed in terms of prayer clause (a). [ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] Digitally signed by SNEHA ABHAY DIXIT Date:

2025.12.03 13:08:54 +0530 3/3 SNEHA ABHAY DIXIT