Naresh Kumar Dinodiya And ANR. v. State Of Maharashtra Thr Pso, Ps Imamwada

2026:BHC-NAG:3257 1 46 APL 270.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [APL] NO.270 OF 2026 [Naresh Kumar Dinodiya s/o Piyarelall Dinodiya and others .vs. State of Maharashtra and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri C.S. Dharmadhikari, Advocate a/w Shri S.D. Pagay, Advocate for applicants.

Mrs. D.I. Charlewar, A.P.P. for Non-Applicant Nos.1 and 2/State. Shri A.S. Manohar, Advocate for Non-Applicant No.3. ..............

CORAM : PRAVIN S. PATIL, J.

DATED : 24.02.2026 .

1.

In the present matter, the challenge is to the registration of the offence under Sections 3(5), 316(2), 318(2), 318(4) of the Bharatiya Nyaya Sanhita, 2023, vide Crime No.0540/2025.

2.

The complainant who is the Director of Pagariya Food Labs Private Limited (PFPL) and Pagariya Overseas Private Limited (POPL) had entered into a commercial relationship with P .L. Global Impex Pvt. Ltd. (PLG) in or around in the month of December-2023. Pursuant to the said commercial relation certain transactions were taken place in relation to sale of Pulses. PFPL and POPL had remitted 100% advance payment to PLG for purchase of pulses. Since the corresponding commodity supplies or refund of the paid sums were not received by POPL and PFPL, the dispute arose in respect of commercial contract between them and for that purpose, the arbitration proceedings were invoked and criminal complaint was also lodged in the matter.

2 46 APL 270.26.odt 3.

During the pendency of this criminal application, the parties have amicably resolved the dispute and entered into a settlement agreement dated 11.2.2026 and also executed consent terms dated 23.2.2026, whereby the terms of settlement recorded between them and also resolved to take steps in respect of said settlement.

4.

Today, in the present matter, the respondent no.3, who is present before the court, filed affidavit of consent/no objection for quashing of the proceedings initiated against the applicants in pursuant of FIR lodged on his complaint. So also placed on record along with a pursis the settlement agreement dated 11.2.2026 and consent terms executed between them on 23.2.2026.

5.

In the background of above said factual position, the parties seek quashment of the proceeding on the ground that there is a settlement between the parties and, therefore, the criminal offence registered against the applicants be quashed and set aside.

6.

In the light of this submission, it will be appropriate to refer the judgment of Hon'ble Supreme Court of India in the case of Narinder Singh and others .vs. State of Punjab and another, reported in (2014) 6 SCC 466, wherein the Hon'ble Supreme Court has held that where the criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions should be quashed when the parties have resolved their entire disputes among themselves.

3 46 APL 270.26.odt 7.

In view of above factual position and the judgment of Hon'ble Supreme Court of India, there is no impediment to quash the criminal proceedings registered against the present applicants. Hence, I proceed to pass the following order :

O R D E R

(1) The application is allowed.

(2) The offence registered against the present applicants Vide Crime No.0540/2025 dated 03.10.2025 registered at Imamwada Police Station, Nagpur for the offence punishable under Sections 3(5), 316(2), 318(2), 318(4) of the Bharatiya Nyaya Sanhita, 2003 and other allied provisions and all proceedings and investigations taken or to be taken pursuant thereto, in so far as they pertain to the present applicants are hereby quashed and set aside as per the terms of settlement and consent terms between the parties executed on 11.2.2026 and 23.2.2026.

(3) No order as to costs.

(PRAVIN S. PATIL, J.) Gulande Signed by: A.S. GULANDE Designation: PS To Honourable Judge Date: 25/02/2026 18:05:36