Chintan Shailesh Mehta v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 684 OF 2026 Chintan Shailesh Mehta

...Petitioner

Versus

The State of Maharashtra And Anr.

...Respondents

__________ Ms. Shikhani Shah, learned Advocate for the Petitioner. Mr. Chintan Shailesh Mehta, Petitioner present in the Court. Mr. Tanveer G. Khan, learned A.P.P. for the State/Respondent. Mr. Satyaram Radheshyam Gaud, learned Advocate for Respondent No. 2.

Respondent No. 2 is present in the Court.

__________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

17th FEBRUARY 2026.

P.C. :

1.

Heard Ms. Shikhani Shah, learned Advocate for the Petitioner, Mr. Tanveer Khan, learned A.P.P. for the State/Respondent and Mr. Satyaram Gaud, learned Advocate for Respondent No. 2.

2.

This Petition is preferred by the Petitioners under Article 226 of the Constitution of India and under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of the First Information Report bearing C.R. No. 98 of 2019 dated 23.03.2019 registered with Juhu Police Station, Mumbai for the offences punishable under Sections 354, 354(D), 323, 500 & 506 of the Indian Penal Code, 1860 and the charge-sheet bearing Criminal

Case No. 2895/PW/2019 pending before the learned Judicial Magistrate First Class, 63rd Court at Andheri, Mumbai, arising out of the said FIR.

3.

Petitioner is present in the Court along with his Advocate Ms. Shikhani Shah. Ms. Shikhani Shah tenders photostat copy of his Aadhar Card as photo identity proof, which is taken on record and marked as "X" for identification.

4.

Respondent No. 2 is present in the Court along with her Advocate Mr. Satyaram Gaud. Mr. Satyaram Gaud tenders photostat copy of Aadhar Card of Respondent No. 2 as photo identity proof, which is taken on record and marked as "X-1" for identification.

5.

Mr. Satyaram Gaud tenders Affidavit dated 02.02.2026 affirmed by Respondent No. 2 before the Notary Advocate Mr. Mangesh G. Bansod, Mumbai. Same is taken on record and marked as "X-2" for identification. Respondent No. 2, who is present in the Court, states that she has filed the said Affidavit dated 02.02.2026 (X-2) out of her own free will and without any pressure, force or coercion from any person. She states that the contents of Affidavit (X-2) are as per her say. She reiterates that the dispute between her and the Petitioner is amicably resolved, as such she gives No Objection for quashing of the criminal proceedings initiated at her instance.

6.

Ms. Shikhani Shah and Mr. Satyaram Gaud relying on the Affidavit (X-2) filed by Respondent No. 2 submit that the Petitioner and Respondent No. 2 have settled their dispute. They submit that

Respondent No. 2 has agreed to withdraw all criminal proceedings filed by her against the Petitioner. They therefore request that the criminal proceedings may not be continued.

7.

Mr. Tanveer Khan, learned A.P.P. for the State/Respondent submits that parties having now resolved their dispute and in view of the statements made by Respondent No. 2 in the Affidavit (X-2) in paragraph nos. 1 to 9, no purpose would be served by continuing with the criminal proceedings. He therefore submits that the impugned FIR and the criminal proceedings arising out of the said FIR can be quashed. He states that the Petitioner and Respondent No. 2 have used the police machinery to settle a private score by them. He submits that as the police machinery was put in action, he insists for imposition of exemplary costs on the parties.

8.

Ms. Shikhani Shah, learned Advocate for the Petitioner and Mr. Satyaram Gaud, learned Advocate for Respondent No. 2, on instructions from the Petitioner and Respondent No. 2, who are present in the Court, state that appropriate cost would be paid. 9.

Considering the facts as placed before me, the nature of dispute, the matter being amicably settled between the Petitioner and Respondent No. 2, the statements made on oath by Respondent No. 2 (Affidavit at X-2) and having regards to the pronouncements of the Hon'ble Supreme Court in the cases of Gian Singh v/s. The State of Punjab and Another1, Narinder Singh and Others v/s. State of Punjab and Another2 and Parbatbhai Aahir

1. (2012)10 Supreme Court Cases 303.

2. (2014)6 Supreme Court Cases 466.

Alias Parbatbhai Bhimsinbhai Karmur and Others Vs. State of Gujarat and Anr.3, there is no impediment in allowing this Criminal Writ Petition.

10.

In view of the above, Criminal Writ Petition is allowed in terms of prayer clause (b) subject to payment of cost of Rs. 50,000/- by the parties as condition precedent. Consequently, the impugned FIR bearing C.R. No. 98 of 2019 dated 23.03.2019 registered with Juhu Police Station, Mumbai for the offences punishable under Sections 354, 354(D), 323, 500 & 506 of the Indian Penal Code, 1860 and the subsequent charge-sheet bearing Criminal Case No. 2895/PW/2019 pending before the learned Judicial Magistrate First Class, 63rd Court at Andheri, Mumbai, arising out of the impugned FIR, are quashed. Criminal proceedings against the Petitioners arising out of the impugned FIR and the charge-sheet are closed.

11.

Petitioner shall deposit cost of Rs. 25,000/- in the following account within a period of 3 weeks from today and furnish proof of deposit before the Registry of this Court by filing an Affidavit of compliance on or before 16.03.2026 :- Bank Name :

Axis Bank Limited Branch Name :

Worli, Mumbai (M.H.), Mumbai-400 Account Name :

Central Police Welfare Fund, Director General MS, Mumbai Account Number :

914010029005759 IFSC Code : UTIB0000060 12.

Respondent No. 2 shall deposit cost of Rs. 25,000/- in the

3. (2017) 9 SCC 641.

following account within a period of 3 weeks from today and furnish proof of deposit before the Registry of this Court by filing an Affidavit of compliance on or before 16.03.2026 :- The High Court Employees Medical Welfare Fund at Mumbai Account No.: 000120110001337 Bank : Bank of India Branch : Mumbai Main IFSC Code : BKID0000001 13.

Criminal Writ Petition No. 684 of 2026 is disposed of in the above said terms.

[ASHWIN D. BHOBE, J.] GITALAXMI KRISHNA KOTAWADEKAR GITALAXMI KRISHNA KOTAWADEKAR Date: 2026.02.23 18:47:59 +0530