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Bombay High Court

PIYUSH JASWANTRAI MEHTA AND ANRversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

When a dispute is amicably settled and no public policy issue is involved, the criminal proceedings must be quashed.

Summary

The applicants filed a criminal application seeking quash of C.C. No.185/PW of 2022, which arose from FIR No.53 of 2021 alleging offences under Sections 420, 408, 467, 468, 34 of the IPC and Sections 43, 66, 72 of the IT Act. The parties later entered into a consent settlement recorded in a civil suit, and Respondent No.2 withdrew all allegations and filed a consent affidavit indicating no objection to the quash. Relying on Supreme Court precedent that amicable settlements without public policy concerns merit dismissal of pending criminal proceedings, the court allowed the application. Consequently, the criminal case, the charge‑sheet, and all related proceedings were quashed and set aside.

Issues considered

  • Whether criminal proceedings may be continued when the parties have amicably settled the dispute and the respondent has withdrawn allegations.
  • Whether the court can quash pending criminal proceedings on the basis of a consent settlement absent any public policy considerations.

Legislation cited

Subjects

  • criminal procedure
  • quash of criminal proceedings
  • amicable settlement
  • consent decree
  • IPC
  • IT Act
  • public policy

Judgment

       bdp
                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CRIMINAL APPELLATE JURISDICTION
BHARAT
DASHARATH
PANDIT                         CRIMINAL APPLICATION NO. 1539 OF 2026
Digitally signed
by BHARAT
DASHARATH
PANDIT
Date: 2026.09.02
18:58:26 +0530


                   Piyush Jaswantrai Mehta & Anr.                  ...Applicants.

                                 Vs.

                   State of Maharashtra & Anr.                     .. Respondents


                   Mr. Jehangir Khajotia a/w Mr. Prashant Kale, Mr. Bhushan Gawale,
                   Advocates for the Applicants.
                   Mr. Dev Mistry i/b YNA Legal LLP, Advocates for Respondent
                   No.2.
                   Mr. Rajesh Gangumal Satargani, Respondent No.2, present.
                   The learned APP for Respondent No.1-State is absent.
                   Mr. Prashant Patil, PI (Crime), Mr. Deepak Hol, Pairavi Officer, Dr.
                   D.B. Marg Police Station, present.

                                           CORAM : GAUTAM A. ANKHAD, J.

                                           DATE         : 2ND SEPTEMBER, 2026.

                   P.C. :

                   1.       The present Application impugns C.C. No.185/PW of 2022

                   arising out of FIR No.53 of 2021 dated 31 st March, 2021 registered

                   with Dr. D.B. Marg Police Station, Mumbai under Sections 420, 408,

                   467, 468, 34 of the Indian Penal Code and under Sections 43, 66 and

                   72 of the Information and Technology Act.
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                   3 APL-1539-2026.doc
2.      The learned counsel for the Applicants and Respondent No.2

jointly submit that all disputes and differences between the parties

have been amicably settled. They jointly rely upon the Consent Terms

dated 16th May, 2026 filed by the parties before the City Civil Court at

Bombay in Short Cause Civil Suit No.5989 of 2024. In view of these

Consent Terms, Respondent No.2 has withdrawn all allegations made

against the Petitioners.



3.      Mr. Mistry, learned counsel for Respondent No.2 tenders

consent affidavit dated 2nd September, 2026, recording no objection of

Respondent No.2 if the prayers in the Application are allowed. The

said consent affidavit is taken on record and marked ‘X’ for the

purpose of identification.



4.        It is well settled law as held by the Hon’ble Supreme Court in

Narinder Singh & Ors. vs. State of Punjab & Ors. (2014) 6 SCC 466

that when dispute is amicably settled and no element of public policy

is involved, no purpose will be served in keeping the proceedings

pending.




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5.      In view of the above, Application is allowed and C.C.

No.185/PW of 2022 arising out of FIR No.53 of 2021 registered with

Dr. D.B. Marg Police, Station, Mumbai along with charge-sheet filed

before the learned Metropolitan Magistrate, 18th Court, Girgaon,

Mumbai and all consequential proceedings are quashed and set aside.



                                      [ GAUTAM A. ANKHAD, J. ]




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