Aman Aashish Turakhia And ORS v. Nirav Upendra Siddhapura And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 591 OF 2025 Aman Aashish Turakhia And Ors.

...Applicants

Versus

Nirav Upendra Siddhapura And Anr.

...Respondents

Mr. Rahul Walvekar, for the Applicants.

Mr. Sangramsinh Yadav, for the Respondents.

Ms. P. N. Dabholkar, APP for the Respondent - State. PSI Shekhar Pawar, Juhu Police Station, is present.

CORAM:

ASHWIN D. BHOBE, J.

DATED:

27th JANUARY, 2026.

PC:- 1.

At the outset Mr. Rahul Walvekar Advocate for the Applicant submits that during the pendency of this Application, chargesheet was filed. He craves leave to amend the cause title to add the details of the charge sheet in the prayer clause, leave granted. Ammendment to be carried out forthwith.

2.

This Application under Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023 which is preferred against the FIR bearing No. 317 of 2025

registered with Juhu Police Station, Mumbai against the Applicants for the offences punishable under Sections 115(2), 118(1), 189(1), 189(2), 190, 191(2) and 352 of Bharatiya Nyay Sanhita, 2023 and the charge-sheet bearing No. PW/2978/2025.

3.

Mr. Rahul Walvekar learned Advocate for the Applicants and Mr. Sangramsinh Yadav learned Advocate for the Respondent No.1, jointly submitted that the subject matter of the present FIR is a counterblast of the FIR bearing No. 0316 of 2025 which is subject matter of the Criminal Application No. 590 of 2025. They submit that the Applicants as well as the Respondent No. 1 who are college students have amicably resolved the dispute between them.

4.

Applicants are present in court along with their Advocate Mr. Rahul Walvekar. Respondent No. 1 is present in court along with his Advocate Mr. Sangramsinh Yadav. Applicants and the Respondent No. 1, state that they have resolved their dispute .

5.

Mr. Sangramsinh Yadav, tenders affidavit in reply dated 4th April, 2025 affirmed by the Respondent No. 1 before the Notary Shashi Bhushan Kumar. Affidavit dated 4th April, 2025 along with the Photo ID

are taken on record and marked 'X' for identification. Respondent No. 1, (Mr. Nirav Upendra Sidhpura) states that the Affidavit (X) has been filed by him out of his own free will and without any pressure from anyone. He states that the contents of the Affidavit (X) are as per his say and he has no objections for quashing of the impugned FIR. 6.

Ms. P. Dabholkar, learned APP submits that the Applicants and the Respondent No.1 having resolved their disptue and in view of the statements made by the Respondent No. 1 in his Affidavit (X) the FIR can be quashed. She however insist for imposition of cost. 7.

Considering the above said circumstances, the nature of dispute, the Applicants as well as the Respondent No. 1 being college students and having a career before them, FIR impugned in Criminal Application No. 590 of 2025 being quashed by consent of parties and having regards to the pronouncements of the Hon'ble Supreme Court in the case of Parbatbhai Aahir Alias Parbatbhai Bhimsinbhai Karmur and Others Vs. State of Gujarat and Anr.1, I deem it fit and proper to exercise powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita to quash the criminal proceedings.

(2017) 9 SCC 641.

8.

This Application is allowed in terms of prayer clause (a). Consequently, impugned FIR bearing No. 317 of 2025 and the chargesheet arising out of the said FIR are quashed subject to payment of costs of Rs. 25,000/- by the Applicants to be deposited in the following Account : Central Police Welfare Fund Director General M. S. Mumbai.

Account No :

914010029005759 Bank :

Axis Bank Limited Branch :

Worli, Mumbai (M.H.), Mumbai - 400 025 IFSC Code :

UTIB0000060 9.

Mr. Rahul Walvekar on instructions from the Applicants states that the costs of Rs. 25,000/- shall be deposited within 2 weeks from today. 10.

List this matter on 16th February, 2026 for reporting compliance on deposit of cost.

(ASHWIN D. BHOBE, J.) {