Mallipudi Srinivas Chaitanya v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 201 OF 2026 Mallipudi Srinivas Chaitanya ... Applicant V/S.

State Of Maharashtra And Anr.

... Respondents __________________________________________________________ Mr. Anil S. Patel, for the Applicant.

Applicant present through VC.

Mr. Ashok Kadam a/w Amar G., for the Respondent No. 2. Respondent No. 2, is present.

Mr. Tanveer Khan, APP for the Respondent - State. __________________________________________________________ CORAM : ASHWIN D. BHOBE, J.

DATE : 18th FEBRUARY, 2026.

P.C. :

1.

Heard Mr. Anil Patel, learned Advocate for the Applicant, Mr. Tanveer Khan, learned APP for the Respondent-State and Mr. Ashok Kadam, learned Advocate for Respondent No.2. 2.

This Application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 is preferred by the Applicant for quashing the FIR bearing No. 0912 dated 23rd August, 2024, registered with Wagle Estate Police Station for the offences punishable under

Sections 408, 420 and 468 of the Indian Penal Code, 1860. 3.

Applicant is present through VC and is identified by his Advocate Mr. Anil Patel. He tenders the Photostat copy of the Identity Card of Applicant, which is taken on record and marked as "X" for identification.

4.

Respondent No.2 is present in the Court and is identified by his Advocate Mr. Ashok Kadam. He tenders the Photostat copy of Identity Card of Respondent No.2, which is taken on record and marked as "X-1" for identification.

5.

Mr. Anil Patel and Mr. Ashok Kadam, jointly submit that the commercial transaction between the Applicant and the Respondent No. 2 which was subject matter of the impugned FIR is amicably resolved and settled by the parties. They submit that in view of the settlement between the Applicant and the Respondent No. 2, the Respondent No. 2 has given no objection for quashing of the criminal proceedings.

6.

Mr. Ashok Kadam, states that the Affidavit dated 18th

February, 2026 affirmed by Respondent No.2 before the Notary Digamber S. Baikar is placed on record. Same is marked as "X-2" for identification.

7.

Respondent No. 2 states that the said Affidavit (X-2) is filed out of his own free will and without any pressure or coercion from any person. He states that the contents of the Affidavit (X-2) are as per his say. He reiterates his no objection for quashing of the criminal proceedings.

8.

Mr. Tanveer Khan, learned APP submits that the commercial dispute was given the garb of a criminal proceedings and police machinery was used by Applicant and the Respondent No. 2 to settle the said dispute. He submits that the Respondent No. 2 having given no objection in the Affidavit (X-2), no purpose would be served in continuing with the criminal proceedings and therefore, he has no objection for quashing of the impugned FIR. He however insists for imposition of costs.

9.

Advocate Mr. Anil Patel and Mr. Ashok Kadam, on instructions, submits that the Applicant and Respondent No.2 shall

deposit appropriate costs.

10.

Considering the aforesaid circumstances, the nature of dispute, the matter being settled between the Applicant and the Respondent No.2, the statement of Respondent No. 2 in the Affidavit (X-2) and having regards to the pronouncements of the Hon'ble Supreme Court in the case of 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 Application.

11.

In view of the above, Criminal Application No. 201 of 2026 is allowed in terms of prayer clause (a) subject to payment of costs of Rs.50,000/- as condition precedent. Consequently, the impugned FIR bearing No. 0912 dated 23rd August, 2024 registered with the Wagle Estate Police Station is quashed. Criminal proceedings against the Applicant is closed. 12.

The Applicant shall deposit cost of Rs. 25000/-in the below 2012 10 SCC 303 2014 6 SCC 466 2017 9 SCC 641

mentioned Account of the Central Police Welfare Fund, within a period of two weeks from today.

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 13.

The Respondent No. 2 shall deposit cost of Rs. 25000/- in the below mentioned Account of the High Court Employees Medical Welfare Fund, Mumbai within a period of two weeks from today.

The High Court Employees Medical Welfare Fund at Mumbai Account No.:

000120110001337

Bank :

Bank of India Branch :

Mumbai Main IFSC Code :

BKID0000001 14.

The compliance affidavit along with the proof of deposit be filed in the Registry of this Court on or before 16th March, 2026. 15.

This Criminal Application No. 201 of 2026 is allowed and disposed of in the above-said terms.

(ASHWIN D. BHOBE, J.) Digitally signed by ARJUN KRISHNA RODGE Date:

2026.02.24 22:43:25 +0530 ARJUN KRISHNA RODGE