Yogesh Jeevan Mohite And ORS v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.6645 OF 2025
1. Yogesh Jeevan Mohite ]
2. Abhijeet Raosaheb Thorat ]
3. Chetany Singh Mohaniya ]
4. Anurag Prabhakar Apte ]
5. Pooja Sisode (Mohite) ]
6. Nareshkumar Tukaram Bahiram ]
7. Bhargav Dnyaneshwar Deshmukh ] .. Petitioners
Versus
1. State of Maharashtra, ] Through Gangapur Police Station ]
2. Vijay Arjun Patil ] .. Respondents Ms. Shraddha Rathod with Mr. Vijay Singh, Advocates, i/by Rathod & Singh Associate, for the Petitioners. Mrs. M.M. Deshmukh, In-Charge Public Prosecutor with Mr. J.P. Yagnik, Additional Public Prosecutor for Respondent No.1. Mr. Anilkumar Patil, i/by Ms. Zeel Jain, Advocates for Respondent No.2.
CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.
DATE : 15TH DECEMBER 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 the following relief:- "(a). That this Hon'ble Court be pleased to issue an appropriate writ, order and direction directing quashing of FIR No.275/2025 with Gangapur Police Station registered by respondent no.1 at the instance of respondent no.2 registered under the provisions of the IPC on such terms as this Hon'ble Court may deem fit and proper in the matter." 2.
The present dispute arises out of a loan recovery proceedings and related matters. The parties have now amicably settled 1/2 19-WP-6645-2025.doc Dixit
disputes amongst them. The respondent no.2 has submitted a statement to the Gangapur Police Station on 24th July 2023 stating the all disputes between the parties have been resolved and no acrimony remained between the parties. The said statement is annexed as "Exhibit-D" of the present proceedings. 3.
The respondent no.2 along with his wife has also prepared a joint affidavit dated 19th November 2025 which records that they have no objection to the quashing of the criminal proceedings in view of the settlement arrived at between the parties. Mr. Patil, the learned counsel for the respondent no.2 has also tendered a separate affidavit dated 15th December 2025 on behalf of his client recording the consent to quash the FIR. The petitioner no.1, the petitioner no.2 and the respondent no.2 have tendered their appearances along with their signatures, details of their aadhar cards and endorsement of their respective counsels to that effect. The same is taken on record and shall form part of the present proceedings.
4.
The Hon'ble Supreme Court in "Gold Quest International (P) Ltd. v. State of T.N." (2014) 15 SCC 235 held that the High Court can invoke its inherent power to quash criminal cases arising from civil disputes, provided the court is satisfied that an amicable settlement has been reached, which serves the interests of justice. The parties have settled their dispute and affidavits have been filed to that effect. In light of the same, the continuance of proceedings would not be a fruitful exercise. Hence, Criminal Writ Petition No.6645 of 2025 is allowed in terms of prayer clause (a) quoted above.
[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] SNEHA ABHAY DIXIT 2/2 SNEHA ABHAY DIXIT Date: 2025.12.25 17:17:19 +0530 19-WP-6645-2025.doc Dixit