Ramashankar Babulal Shrivastav v. The State Of Maharashtra

by LAXMIKANT GOPAL CHANDAN Date:

2026.04.02 10:23:21 +0530 LAXMIKANT GOPAL CHANDAN lgc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1333 OF 2026 Ramashankar Babulal Shrivastav & ors.

: Petitioners.

Versus

The State of Maharashtra & anr.

: Respondents.

---- Mr. Rajas Naik for the Petitioners.

Ms. Pallavi Dabholkar, APP for the Respondent/State. Mr. Dilip Medhe for the Respondent No.2.

------- CORAM : ASHWIN D. BHOBE, J.

DATED : 25 March 2026 PC:- 1.

Heard Mr. Rajas Naik, learned Advocate for the Petitioners, Ms. Pallavi Dabholkar, learned APP for the Respondent/State and Mr. Dilip Medhe, learned Advocate for Respondent No.2.

2.

This petition under Article 226 of the Constitution of India and Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023, is filed by the Petitioners seeking to quash the FIR bearing C.R. No. 119 of 2014 (impugned FIR) dated 26 September 2014, registered with Tilaknagar Police Station, Mumbai, and the charge sheet arising from the impugned FIR.

3.

Advocate Mr. Rajas Naik and Advocate Mr. Dilip Medhe submit that the subject of the impugned FIR is in the nature of a dispute arising from an issue related to a marriage scheduled between Petitioner No.2 (Groom) and the sister of Respondent No.2 (Bride). They submit that the families of the Petitioners and Respondent No.2 had decided to marry Petitioner No.2 and the sister of Respondent No.2, and arrangements were made accordingly. They submit that the Petitioners paid some amount, and Respondent No.2 also expended some funds. They submit that the proposed marriage between Petitioner No.2 and the sister of Respondent No.2 did not materialise due to a dispute between the two parties. They submit that this dispute led Respondent No.

2 to file a complaint of cheating regarding the amounts he spent on the ceremony, while the Petitioners filed a private complaint against Respondent No.2 concerning their expenses for the same event. They submit that the Petitioners and Respondent No.2 have now amicably resolved their dispute, with the Petitioners withdrawing their private complaint. They submit that, in light of the settlement, Respondent No. 2 has expressed no objection to quashing the criminal proceedings. They request quashing the impugned FIR and the charge sheet arising from it, as the private dispute, which arose from the abovementioned events, has been settled.

4.

The Petitioners are present in court and are identified by their Advocate, Mr. Rajas Naik. He submits photostat copies of

the Petitioners' Identity Cards, which are taken on record and marked as "X-Colly" for identification.

5.

Respondent No.2 is present in the Court and is identified by his Advocate, Mr. Dilip Medhe. He submits a Photostat copy of Respondent No.2's Identity Card, which is taken on record and marked as "X-1" for identification. 6.

Mr Dilip Medhe states that the Affidavit dated 25 March 2026, affirmed by Respondent No.2 before Notary Ramesh Kumar Singh, Sakinaka, Mumbai, is on record, and the same is marked as "X-2" for identification.

7.

Respondent No. 2 states that the Affidavit (X-2) is filed of his own free will and without any pressure or coercion from anyone. He affirms that the contents of the Affidavit (X-2) are as per his say. Respondent No. 2 states that he is not interested in continuing the criminal proceedings and wishes to have them terminated. He reiterates his no objection to quashing the impugned FIR and the criminal proceedings arising therefrom.

8.

Ms. Pallavi Dabholkar, learned APP for the Respondent/State, submits that a petty dispute between two families was made the subject matter of criminal proceedings when it was unnecessary. She states that the police machinery was unnecessarily activated regarding a dispute that would at most involve the recovery of an amount. She states that, since the parties have settled the dispute, she has no objection to

the quashing of the impugned FIR and the criminal proceedings arising from it, but she insists on the imposition of costs on the Petitioners as well as on Respondent No. 2. 9.

Mr. Rajas Naik and Mr. Dilip Medhe, on instructions from the Petitioners and Respondent No.2, submit that the appropriate costs will be paid.

10.

Considering the facts mentioned above, the submissions of the learned Advocates for the parties, the nature of the dispute as stated by the learned Advocate for the parties and confirmed by Respondent No.2, and the fact that the dispute has been settled with Petitioner No.1 withdrawing his complaint against Respondent No.2, as well as the statements made by Respondent No.2 in the Affidavit (X-2), no useful purpose will be served by allowing the criminal prosecution to continue. Having regard to the pronouncements of the Hon'ble Supreme Court in Gian Singh vs State of Punjab1, Narinder Singh and Ors vs State Of Punjab and Anr2 and Parbatbhai Aahir @ Parbatbhai vs The State of Gujarat3, there is no impediment in allowing this Writ Petition. 11.

In view of the above, Criminal Writ Petition No.1333 of 2026 is allowed in terms of the prayer clause (a), subject to payment of costs of Rs. 10,000/- by the Petitioners and Rs. 10,000/- by the Respondent No.2. Payment of costs is a 2012 10 SCC 303 2014 6 SCC 466 2017 9 SCC 641

condition precedent. Consequently, the impugned FIR and the Chargesheet arising out of the impugned FIR are quashed. 12.

The Petitioners and Respondent No.2 shall deposit their respective costs into the accounts listed below within three weeks from today and submit a compliance affidavit along with proof of deposit to the Court Registry on or before 17 April 2026.

a] The Petitioners shall deposit the amount of Rs. 10,000/- in :- Account Name : Armed Forces Battle Casualties Welfare Fund Account Number : 90552010165915 Bank Name : Canara Bank Branch : South Block, Defence Headquarters New Delhi110011 IFSC Code : CNRB0019055 b] The Respondent No.2 shall deposit the amount of Rs. 10,000/- in :- The High Court Employees Medical Welfare Fund at Mumbai Account No.: 000120110001337 Bank : Bank of India Branch : Mumbai Main IFSC Code : BKID0000001

13.

The Criminal Writ Petition No.1333 of 2026 is disposed of.

(ASHWIN D. BHOBE, J.)