Bombay High Court

SUMIT SUJON CHAUDRIversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 18 August 2026
Disposal: Allowed

Holding

The court held that where the dispute is purely private and the complainant consents, the FIR and chargesheet may be quashed, subject to the applicant paying a cost of Rs. 25,000 to a charitable institution.

Summary

The applicant, accused No.2 in FIR CR No. 0005/2023, sought quashing of the FIR and chargesheet filed under Sections 465, 468 and 471 read with Section 34 of the IPC for alleged forgery of rent receipts and illegal transfer of an electricity meter. The original complainant (respondent No.2) filed the complaint, but the parties later reconciled, and the complainant executed a consent affidavit stating no desire to prosecute. The court examined whether a private settlement could justify the dismissal of criminal proceedings and held that, given the consent and the purely private nature of the dispute, the FIR and chargesheet could be quashed. The court also imposed a cost of Rs. 25,000 to be paid by the applicant to a charitable educational institution. Consequently, the application was allowed, the FIR and all consequential proceedings were set aside, and the matter was listed for compliance.

Issues considered

Can an FIR and chargesheet be quashed on the basis of a consent affidavit and settlement of a private dispute?
Does the reconciliation between the complainant and accused bar the continuation of criminal proceedings under Sections 465, 468, 471 IPC r/w 34?
Is the imposition of a monetary cost to a charitable institution permissible in a quashment order?

Legislation cited

Indian Penal Code, 1860 — s. 34, 465, 468, 471
Public Trust Act — s. XXIX of 1950
Society Registration Act — s. XXI of 1980

Subjects

quashment of FIR
consent affidavit
private dispute
IPC 465
IPC 468
IPC 471
reconciliation
costs to charity
criminal application

Judgment

54. CRI APL-1197-26.odt

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO. 1197 OF 2026

Sumit Sujon Chaudri .. Applicant
Versus
The State of Maharashtra & Anr. .. Respondents
....................
 Mr. Ankit Trivedi, Advocate for Applicant
 Ms. Shilpa G. Talhar, APP for State
 Mr. Sagar P. Paspohe, Advocate for Respondent No. 2 - Complainant
...................
CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 18, 2026
P. C.:

1. Heard Mr. Trivedi, learned Advocate for Applicant; Ms. Talhar,

learned APP for State and Mr. Paspohe, learned Advocate for

Respondent No. 2 - Complainant.

2. The present Application is filed for quashing and setting aside of

FIR, i.e. CR No. 0005/2023 registered with Gamdevi Police Station for

the offenses punishable under Sections 465, 468 and 471 r/w 34 of

the IPC and consequential chargesheet bearing RCC No.

613/PW/2023 pending before the learned Magistrate, 40th Court,

Girgaon, Mumbai.

3. Initially, there were two accused persons. Accused No. 1 has

expired in the interregnum. Accused No. 2 is the Applicant before me.

Respondent No. 2 is the original complainant who had filed the

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original complaint in view of the conduct of both the accused persons

who despite them being the tenants of the building had forged rent

receipts to enable them to transfer the electricity meter in their name.

It is borne out from the record that the accused persons were already

residing as tenants in the said building but the tenancy was in the

name of the landlord. The complaint was filed because of the aforesaid

dereliction.

4. Prima facie, no real loss as such has now been caused since the

Applicant and the landlord have reconciled their dispute and

differences and resolved the matter to the extent of the issue of

transfer of tenancy as also to the extent of the attempt made by the

original accused persons to transfer the electricity bill. Otherwise also,

Accused No. 1 has expired in the interregnum. The present Applicant -

accused No. 2 and the complainant have reconciled their differences

and a consent affidavit is filed by the original complainant -

Respondent No. 2 dated 25.06.2026 which is taken on record and

marked as "Article X" for identification. Considering the contents of the

said affidavit, the differences between the two parties are purely

private in nature and both parties have decided to put a full stop to

the same and the landlord himself states that he does not have any

surviving grievance against the applicant, as also considering all

intervening factors, the consent affidavit persuades the Court to quash

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the proceedings. The complainant himself states that he does not wish

to prosecute the proceedings and does not have any objection if CR

No. 0005/2023 and RCC No. 613/PW/23 are quashed along with all

consequential proceedings arising therefrom. Such confirmation and

affirmation is given in clause (m) of the consent affidavit.

5. Parties have also filed consent terms dated 25.06.2026

reconciled between them, inter alia, with regard to the issue of

tenancy qua the subject property, as also with regard to the pending

RAE Suit which was pending at the then time since 2021 in the Small

Causes Court. Said Consent Terms are also taken on record and

marked "Article X-1" for identification. Prima facie, after going

through the said Consent terms, I am of the clear opinion that since

the parties have decided to put an end to their dispute (and this purely

being a private dispute), it would be in the fitness of things if the said

dispute is ended once for all so that the parties will be free to carry on

with their respective lives. However, since the criminal law has been

set into motion, I am of the opinion that Applicant pay costs to a

charity for the same so that the Applicant cannot be allowed to go scot

free. Hence, the Application is allowed subject to payment of costs.

6. Applicant is directed to pay costs of Rs. 25,000/- to A.K. Munshi

Yojana’s J.T. Sheth Mandbuddhi Vikas Kendra, a Special School

imparting education and training to the needs of 150 special children

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in the field of Education (Classes for 6 to 18 years), early

intervention(upto 6 years) and vocational training (18 years above)

having its school address and building at A.K. Munshi Yojana Chowk,

3rd Panjarapole Lane, C.P. Tank, Mumbai – 400 004 [Contact Nos.

22425513 / 22423654] registered under the Society Registration Act,

XXI of 1980 under No. : 387/81 GBBSD and the Public Trust Act, XXIX

of 1950 under No. F-6809. RCI Reg. No. 0163 within a period of two

weeks from the date of uploading of this order as a condition for

allowing the present Application and for quashing the FIR and

chargesheet in the criminal case.

7. In view of the aforesaid observations and findings and consent

given by Respondent No. 2 - complainant, I see no impediment in

allowing the present Application. Hence, the Application is allowed in

terms of prayer clause (a) which reads thus:

"(a) That this Hon'ble Court may be pleased to quash and set aside the
FIR, charge-sheet and all consequential proceedings pertaining out
of CR No. 0005/2023 registered with the Gamdevi Police Station
under Sections 465, 468, 471 r/w 34 of Indian Penal Code filed at
the instance of the Respondent No. 2 and the consequent
chargesheet filed bearing RCC No. 613/PW/2023 pending before
the learned Metropolitan Magistrate, 40th Court, Girgaon, Mumbai."

8. All consequential proceedings arising out of the aforesaid two

proceedings are quashed.

9. The Application is allowed and disposed.

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10. List the matter on 1st September, 2026 for compliance of this

order under the caption "for Compliance".

Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
AMBERKAR
MOHAN Date:
AMBERKAR 2026.08.20
19:01:04
+0530

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