Bombay High Court

AJIT ASHOK MANE AND ORSversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 21 August 2026
Disposal: Disposed Off

Holding

The court held that the parties' reconciliation and binding consent terms warranted the quashing of the criminal complaint.

Summary

The applicants and the complainant, involved in a private dispute over alleged fabrication and forgery of receipts for undelivered goods, reconciled and executed consent terms that were treated as undertakings to the court. The complainant had filed a criminal complaint (C.R. No. 47/2026) alleging offences under sections 409, 465, 468, 471 and 120‑B of the Indian Penal Code. The court examined the consent terms and found that continuing the criminal action would serve no purpose. Consequently, the court allowed the application to quash the complaint, ordered each party to pay Rs.15,000 to a special school for disabled children, and directed compliance within two weeks. The order was kept on record for compliance on 4 September 2026.

Issues considered

Whether the criminal complaint should be quashed in view of the parties' private settlement and executed consent terms.
Whether the court may impose costs on the parties as a condition for granting the quash order.

Legislation cited

Indian Penal Code, 1860 — s. 120-B, 409, 465, 468, 471

Subjects

quash of criminal complaint
forgery
private settlement
consent terms
IPC sections 409, 465, 468, 471, 120-B
costs order
economic offences wing

Judgment

16. CRI APL-1352-26.odt

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO. 1352 OF 2026

Ajit Ashok Mane & Ors. .. Applicants
Versus
The State of Maharashtra & Anr. .. Respondents
....................
 Mr. Pankaj Waghela i/by Mr. B.L. Jagtap, Advocate for Applicants
 Mr. Parvez Menon a/w Mr. Mahesh Ahire, Mr. Kush Agarwal & Ms.
Valentina Sampson i/by MZM Legal, Advocate for Respondent No.
2
 Mr. S.A. Karmakar, APP for State
 Mr. Prashant Jadhav, PI, Unit II, EOW, Mumbai
...................
CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 21, 2026
P. C.:

1. Heard Mr. Waghela, learned Advocate for Applicants; Mr.

Menon, learned Advocate for Respondent No. 2 and Mr. Karmakar,

learned APP for State.

2. Parties before me have reconciled their dispute essentially a

private dispute with regard to fabrication and forgery of certain

receipts qua goods which were not delivered and for which monies

were received. The said amount was directed to be kept as security in

the bank account maintained by the learned Advocate for the

complainant by Court. They have received those monies and kept it in

the bank account.

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3. Mr. Menon, learned Advocate for Respondent No. 2 has drawn

my attention to the affidavit filed on behalf of Respondent No. 2 who

is a French national and Chief Executive Officer of concerned

company. I have perused the said affidavit and details stated therein.

Consent Terms are appended to the said affidavit and are dated

22.04.2026. They are executed by Respondent No. 1, Applicant No. 1

and brother of Applicant No. 2. Rights and obligations stated in the

Consent Terms ar taken as undertaking given to this Court. At the

request of learned Advocates appearing for the parties, Consent Terms

are scanned and reproduced below for ease and convenience for the

parties:-

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4. Any dereliction or failure to comply with the obligations

stipulated in the Consent Terms shall be construed as a breach of the

undertaking given to this Court. It is, therefore, made clear that all the

rights and obligations set out in the Consent Terms shall be treated as

undertakings given to this Court. All the parties shall abide by and

comply with the same.

5. Considering the lis between the parties, present Application

deserves to be allowed and no purpose whatever will be served in

keeping the criminal action into motion in Court. However, since

complainant invoked criminal action, I am inclined to ley costs for

enabling the parties to quash the said proceedings. Applicants and

complainant both undertake to pay costs of Rs. 30,000/- (Rs. 15,000/-

each) 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 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

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allowing the present Application. Copy of receipt of payment of costs

shall be placed on record within a period of two weeks for compliance.

6. In view of the consent terms, Application is allowed and

disposed in terms of prayer clause (a) which reads thus:-

(a) This Hon'ble Court be pleased to quash the entire Complaint arising out of
C.R. No. 47/2026 came to be lodged by Respondent No. 2 and registered
by the Respondent No. 1 on 12/01/2026 with Samta Nagar Police Station,
for the offences punishable u/s. 409, 465, 468, 471 and 120-B of the
Indian Penal Code, 1860, taken over and being investigated by Economic
Offences Wing, Mumbai, Unit-11, Banking-3 under CR No. 10 of 2026 for
the offences punishable u/s. 409, 465, 468, 471 and 120-B of the Indian
Penal Code, 1860, and any further proceedings thereof."

7. Though the present Application is disposed, it is kept for

compliance of this order on 4th September, 2026 under the caption

"for Compliance".

Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
MOHAN AMBERKAR
AMBERKAR Date:
2026.08.21
20:13:11 +0530

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