Vinay Ramrakshpal Sharma v. State Of Maharashtra And ANR

by LAXMIKANT GOPAL CHANDAN Date:

2026.03.04 18:47:00 +0530 LAXMIKANT GOPAL CHANDAN lgc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.212 OF 2026 Vinay Ramprakash Sharma : Applicant.

Versus

The State of Maharashtra and anr.

: Respondents.

______________________________________________________ Ms. Sonal V Parab a/w Adv. E Rane for the Applicant. Mr. Tanveer G Khan for the Respondent/State.

Mr. Raunak Sharma i/by YNA Legal LLP for the Respondent No.2.

______________________________________________________ CORAM : ASHWIN D. BHOBE, J.

DATED : 26 FEBRUARY 2026 PC:- 1.

Heard Ms. Sonal Parab, learned Advocate for the Applicants, Mr. Tanveer Khan, learned APP for the Respondent/State and Mr. Raunak Sharma, 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. 290 of 2024, for the offence

punishable under Sections 354, 448, 451 and 506 of the Indian Penal Code and the Chargesheet being CC No.1484/PW/2025 pending before the learned Judicial Magistrate, 68th Court at Borivali, Mumbai 3.

Applicants appears through V.C. and is identified by his Advocate Ms. Sonal Parab. She tenders the Photostat copy of the Identity Card of the 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 her Advocate Mr. Raunak Sharma. 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. Raunak Sharma states that the Affidavit dated 18 February 2026 affirmed by Respondent No.2 before the Notary Harjit Singh Anand, Mumbai is placed on record, the same is marked as "X-2" for identification.

6.

Respondent No. 2 states that the said Affidavit (X-2) is filed out of her own free will and without any pressure or coercion from any person. She states that the contents of the Affidavit (X-2) are as per her say. She reiterates her no objection for quashing of the criminal proceedings. 7.

Ms. Sonal Parab and Mr. Raunak Sharma submit that the dispute pertaining to the affairs of a company resulted in the Applicant making allegation against the husband of the Respondent No.2 and counter allegation by the Respondent No.2 against the Applicant. They submit that the source of the dispute i.e. the company dispute between the parties, is resolved amicably between the parties. They submit that in view of the resolution the parties have now decided not to continue with the criminal proceedings and therefore they have entered into a amicable settlement. They submit that the Respondent No.2 has given no objection for quashing of the criminal proceedings. They refer to paragraph Nos. 3 to 6 of the Affidavit (X-2) filed by Respondent No.2 which are

transcribed herein below in verbatim :- "3.

I say that owing to the intervention of family friends and relatives, myself and the present Applicant/Accused have settled all their disputes. 4.

I say that I have resolved the dispute with the present Applicant and I am not desirous of continuing the prosecution being C.C No. 1484/PW/2025 (arising out of FIR No. 290 of 2024) registered on 18.05.2024 by the MHB Colony Police/Station U/s. 354, 448, 451 r/w 506 of the Indian Penal Code, 1860 pending before the Ld. Judicial Magistrate 68th Court at Borivali, Mumbai lodged at my instance with Respondent No. I against the present Applicant.

5.

I say that I hereby agree that the Criminal Application u/s 528 of Bhartiya Nagrika Suraksha Sanhita, 2023 filed by the Applicant/Accused be disposed off in view of amicable settlement arrived at between myself and the present Applicant/Accused and that this Hon'ble Court be pleased to quash the proceedings being C.C No. 1484/PW/2025 (arising out of FIR No. 290 of 2024) registered on 18.05.2024 by the MHB Colony Police Station U/s. 354, 448,451 r/w 506 of the Indian Penal Code, 1860 pending before the Ld. Judicial Magistrate 68th Court at Borivali, Mumbai.

6.

I say that I hereby expressly record my noobjection to quash the proceedings being C.C No. 1484/PW/2025 (arising out of FIR No. 290 of 2024) registered on 18.05.2024 by the MHB Colony Police Station U/s. 354, 448,451 r/w 506 of the Indian Penal Code, 1860 pending before the Ld. Judicial Magistrate 68th Court at Borivali, Mumbai against the Applicant/Accused."

8.

Mr. Tanveer Khan, learned APP for the Respondent/State submits that a personal and/or a commercial dispute was converted to a criminal case. He however submits that in view of the statements made by the Respondent No.2 in the Affidavit (X-2), he has no objection for quashing the criminal proceedings. He however insists for imposition of exemplary costs.

9.

Ms. Sonal Parab and Mr. Raunak Sharma, on instructions, submit that the Applicant and Respondent No.2 shall deposit appropriate costs.

10.

Considering the aforesaid circumstances, the nature of dispute being a private dispute arising out of the affairs of a company as submitted the learned Advocates for the parties, the matter being settled between the Applicant and the Respondent No.2, the statement of Respondent No. 2 in the Affidavit (X-2), no useful purpose is likely to be served by allowing a criminal prosecution to continue. 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, Parbatbhai Aahir @ Parbatbhai vs The State Of Gujarat3 and Madhavrao Jiwajirao Scindia & ors Vs. Sambhajirao Chandrojirao Angre & ors.4 there is no impediment in allowing this Application. 11.

In view of the above, Criminal Application No. 212 of 2026 is allowed in terms of prayer clause (a) subject to payment of costs of Rs.1,00,000/- each. Payment of costs is a condition precedent. Consequently, FIR bearing No. 290 of 2024 and the Chargesheet being CC No.1484/PW/2025 pending before the Judicial Magistrate, 68th Court at Borivali, Mumbai are quashed.

12.

The Applicants and the Respondent No.2 shall deposit the costs of Rs.1,00,000/- each in the below mentioned Account within a period of two weeks from today and file in 2012 10 SCC 303 2014 6 SCC 466 2017 9 SCC 641 (1998) 1 SCC 692

the Registry of this Court the compliance affidavit along with the proof of deposit on or before 18 March 2026 Deepstambh Foundation, Delhi Bank Name : ICICI Bank Account Name : Deepstambh Foundation Delhi Account Number : 697401700986 Account Type : Savings IFSC Code : ICIC0006974 MICR Code : 425229003 13.

Criminal Application No.212 of 2026 is disposed of. (ASHWIN D. BHOBE, J.)