Bombay High Court
GLADYS VALLEY MURZELLO AND ORSversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The High Court allowed the application and quashed the FIR, subject to payment of costs by the Applicants.
Summary
The Applicants sought quashing of FIR C.C. No. 2804/PW/2013 (C.R. No. 41/2012) alleging they forged a will to obtain property belonging to the private complainant. The parties had earlier settled the related civil dispute and executed consent terms dated 23 September 2024, which included a clause for the criminal case to be quashed and detailed compensation paid to both sides. The trial court accepted the settlement, and the Applicants filed a criminal application requesting the High Court to set aside the FIR. The Court held that, given the full settlement and receipt of compensation, there was no longer any public interest in continuing the criminal proceedings, and therefore allowed the application and quashed the FIR. However, the Court imposed costs of Rs. 30,000 on each Applicant, to be paid to a special school for disabled children, as a deterrent message against forgery.
Issues considered
- Whether an FIR can be quashed on the basis of a private settlement and consent terms between the parties.
- Whether the court may impose costs on the accused despite granting quashment of the criminal proceeding.
- Whether the alleged offence of forgery can be extinguished by a civil settlement.
Legislation cited
Subjects
- quash FIR
- consent terms
- forgery
- property dispute
- criminal application
- settlement
- costs
- special school
Judgment
40-apl-1490-24.doc
Urmila Ingale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1490 OF 2024
Mrs. Gladys Valley Murzello and Ors. .. Applicants
Versus
The State of Maharashtra and Ors. .. Respondents
....................
Mr. Dishang Shah, Advocate for Applicant.
Mr. Pravin V. Kamble, Advocate for the Respondent No.2.
Ms. S.G. Talhar, APP for Respondent-State.
...................
CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 20, 2026
P.C.:
1. Heard Mr. Shah, learned Advocate for Applicants and Mr.
Kamble, learned Advocate for Respondent No.2 and Ms.Talhar, learned
APP for Respondent-State.
2. The Application is filed for quashing of FIR in C.R.41 of 2013
with C.C. No. 2804/PW/2013. The issue is that in the private
complaint which was subsequently registered as an FIR, the Applicants
before me are arraigned as accused nos. 1, 2 and 3 in the crime.
Respondent No. 2 is a private Complainant who has filed the FIR. All
four parties are present before me. I have interacted with them in the
open court. Due to the exigency mentioned and considering the age of
the parties, at the request of learned Advocates, the matter is taken up
the before rising for the lunch recess.
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3. Mr. Shah represents the Applicants. Mr. Kamble represents
the private Respondent. Ms. Talhar represents the State of
Maharashtra.
4. The issue before the Court is attempted to be resolved.
According to the prosecution case, the Applicants qua the accused
persons had initiated the present crime by preparing a forged and
fabricated Will and on the basis of the same, executed a conveyance
deed in favour of two of the accused persons. The property belongs to
the private Complainant and her family members. Criminal law was set
into motion in the year 2013. Incidentally and simultaneously the civil
suit was also filed and pending in the Civil Court qua the same
property. What is seen is that before the 83rd Additional Sessions
Judge, City Civil Court at Mazgaon, consent terms were filed between
the parties which are dated 23rd September 2024. In both, Consent
terms and in the said proceedings, Respondent No.4, namely one
Mr.Sudhir Vitthal Ghosalkar is also a party. Copy of the consent terms
are appended at Exhibit 'B' of the Application. With the able assistance
of Mr. Shah and Mr. Kamble, I have perused the same. The consent
terms are very widely worded. The parties have reconciled their
dispute qua subject property. According to the consent terms, neither
the Applicants nor the private Complainant will now possess the
property, but in view there of, they have been duly compensated by the
purchaser of the said property separately and independently. All those
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terms are stated in the consent terms. I need not reiterate the same
herein. The amounts which are received by the Applicants and also by
the private Complainant are delineated therein. The amounts are
received by virtue of pay orders already by the parties. One of the term
of the consent terms pertains to resolution of the criminal case, namely
the present criminal proceedings. The parties agreed before the Court
that the present criminal proceedings shall be quashed. Learned
Advocates have drawn my attention to clause 11 of the consent terms.
Both the Advocates and the parties acknowledged the said consent
terms having been fructified and all amounts written therein having
been received by them. There is a reference to substantial and several
amounts stated in the consent terms which are all being received by
the parties, namely the Petitioners on the one hand and the private
Complainant on the other hand. Once this is the position, the parties
have now approached the Court and persuaded the Court that the
criminal proceedings be quashed and set aside.
5. Considering the aforesaid submissions and after listening to
the submissions made by learned Advocates for the Applicants and
learned Advocate for the private Complainant, I am of the clear
opinion that no purpose would whatever now be served by keeping the
present proceedings pending insofar as the issue of criminality is
concerned. Both the parties have reconciled and realised what has
happened and have arrived at an amicable settlement which has been
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reduced to writing and it has also been accepted by the trial Court.
Insofar as the present Criminal Application is concerned, the same
have to be allowed, however, by allowing such Application, it need not
ipso facto mean that the parties can go home. The criminality of the
Applicants in having committed the forgery of the Will due to which
the present criminal law was set in motion for the last 10 years will
have to be looked at by the Court so that if appropriate strictures and
for directions are passed, not only for the Applicants, but it should
serve also as a message to all such persons who may even think of
committing such a crime or an offence. Ultimately, committing forgery
and passing over property leads to criminality and registration of
offences and sets the criminal law into motion. Such practices will have
to be curbed by the Court. Equally on the flip side when the parties
have reconciled and realised their mistake and have filed consent
terms which are accepted by the trial Court, this Court should not and
cannot come in their way in putting an end to their dispute. In that
view of the matter, therefore payment & three I am therefore inclined
to levy payments of costs on the Applicants. The three Applicants are
therefore directed to pay costs of Rs. 30,000/- 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)
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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. Copy of receipt of payment of costs
shall be placed on record within a period of four weeks for compliance.
6. The Criminal Application stands allowed in terms of List the
prayer clause (A) which reads thus:
"A. That this Hon'ble Court may kindly in view of the
consent terms filed, be pleased to quash and set aside C. C.
No. 2804/PW/2013 arising out of C.R. No. 41/2012
registered at Gorai Police Station by passing suitable
orders."
7. Though the Criminal Application is disposed, it is kept for
compliance of this order on 18th September, 2026 under the caption
"for Compliance".
Urmila Ingale [ MILIND N. JADHAV, J. ]
Digitally signed
HARSHADA by HARSHADA
HANUMANT
HANUMANT SAWANT
SAWANT Date: 2026.08.21
20:42:11 +0530
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