Prakash Gopadutt Khanduri And ORS v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.483 OF 2025 Prakash G. Khanduri and Ors.

... Applicants V/s.

The State of Maharashtra and Ors.

... Respondents Mr. R.N. Bhawsar, Advocate for the Applicants Mr. V.B. Konde Deshmukh, Addl. PP, for the Respondent - State Mr. Jigar Agarwal a/w. Mr. Jayesh More, Advocate for the Respondent No.3 Mr. Dinkar Kadam, API, EOW, Mumbai CORAM :

REVATI MOHITE DERE & SANDESH D. PATIL, JJ.

DATE : 2ND DECEMBER, 2025.

ORAL JUDGMENT (Per Revati Mohite Dere, J.) :- 1.

Heard learned counsel for the parties.

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2.

Rule. Rule is made returnable forthwith, with the consent of the parties and is taken up for final disposal. Learned Addl.P.P waives notice on behalf of the respondent - State. 3.

By this application, the applicant seeks quashing of the FIR registered vide CR No.91 of 2007 registered with the N.M. Joshi Marg Police Station, Mumbai, for the alleged offences punishable under Sections 403, 408, 420, 465, 467, 468, 471, 477(A) r/w. 120 (b) of the Indian Penal Code, chargesheet and consequential proceeding pending before the learned Additional Metropolitan Magistrate, 19th Court, Esplanade, Mumbai, being CC No. 978/PW/2009. Quashing is sought on the premise, that the parties i.e. the applicants (all the accused) and the respondent No.3 have amicably settled their dispute.

4.

Perused the papers. According to the respondent No.3, the dispute pertained to procuring goods to supply and making payments.

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5.

Having perused the papers, we find that the dispute between the parties is a monetary dispute.

6.

Learned counsel for the respondent No.3 has tendered an affidavit of the respondent No.3 dated 14th August 2025. The said affidavit is taken on record.

7.

From the said affidavit, it appears that the parties have amicably settled their monetary dispute and that the respondent No.3 has received the amount due and payable from the applicant, which is around Rs.13,50,000/-. In the said affidavit, the respondent No.3 has given no objection and consent to the quashing of the FIR/Chargesheet and the proceeding pending before the Trial Court.

8.

The respondent No.3 is present in person. He is identified by his counsel. To the affidavit the respondent No.3 has annexed his Aadhar Card duly attested by him. The respondent 3/5

No.3 is also identified by the officer present in the Court. When questioned, respondent No.3 reiterated that he has received the amount from each of the applicant and that he has no objection to the quashing of the proceeding.

9.

Considering the nature of dispute, affidavit of respondent No.2, the judicial pronouncement in this regard, there is no impediment in allowing the application. 10.

Application is accordingly allowed.

11.

FIR registered vide CR No.91 of 2007 registered with the N.M. Joshi Marg Police Station, Mumbai, for the alleged offences punishable under Sections 403, 408, 420, 465, 467, 468, 471, 477(A) r/w. 120 (b) of the Indian Penal Code, chargesheet and consequential proceeding pending before the learned JMFC, Bombay being CC No. 978/PW/2009 is quashed and set aside. Rule is made absolute on the aforesaid terms. 4/5

12.

Application is disposed of.

13.

Each of the applicant as well as respondent No.3 to deposit a sum of Rs.10,000/- with the Mumbai Police Welfare Fund, bearing Account No.465010100008693, Axis Bank, Lamington Road Branch, IFSC No.UTIB0000465, within two weeks from today.

14.

Stand over to 23rd December 2025, for recording compliance of the order.

(SANDESH D. PATIL, J.) (REVATI MOHITE DERE, J.) amraut 5/5