Created by Fuzzy Cloud

Bombay High Court

KAMALA LANDMARE CARS PVT LTD.versusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The Court held that, in view of the amicable settlement and the complainant's affidavit, the FIR and the charge‑sheet may be quashed.

Summary

Kamala Landmarc Cars Pvt Ltd. and another filed a writ petition under Article 226 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quash of FIR No. 32 of 2016 (re‑numbered FIR No. 5 of 2023) registered at Borivali Police Station for offences under IPC Sections 406, 420 and 34, and the related charge‑sheet pending before the Additional Chief Metropolitan Magistrate. Respondent No. 2, the complainant, submitted an affidavit stating that the commercial dispute with the petitioners had been amicably resolved and she had no objection to the quashing of the criminal proceedings. The State argued that the criminal case was a misuse of police machinery but concurred that continuation served no purpose after the settlement. Relying on Supreme Court precedents (Gian Singh, Narinder Singh, Parbatbhai Aahir), the Court held that there was no impediment to quash the FIR and charge‑sheet. Consequently, the FIR and the pending criminal case were quashed and the writ petition was disposed of.

Issues considered

  • Whether an FIR and subsequent criminal proceedings can be quashed when the complainant and the accused have amicably settled the underlying commercial dispute and the complainant has filed an affidavit expressing no objection.

Legislation cited

Subjects

  • criminal procedure
  • quashing FIR
  • settlement of dispute
  • Section 528
  • Article 226
  • Economic Offences Wing
  • IPC Sections 406, 420, 34
  • writ petition
  • amicable settlement

Judgment

Gitalaxmi                                                                   54-WP-2125-2024.doc



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CRIMINAL APPELLATE JURISDICTION

                                    WRIT PETITION NO. 2125 OF 2024

            Kamala Landmarc Cars Pvt Ltd. And Anr.                 ...Petitioners

                     Versus

            The State of Maharashtra And Anr.                      ...Respondents
                                         __________

            Mr. Murtaza Najmi a/w Mr. Dilip H. Shukla, Ms. Nancy, Mr. Kashish M.
            Singhi, Mr. Shaikh Faizan & Ms. Sujata Bule, learned Advocates for the
            Petitioners.
            Petitioners are present in the Court.

            Mr. Prasanna P. Malshe, learned A.P.P. for the State/Respondent.
            Ms. Davinder Kaur Sabharwal, learned Advocate for Respondent No. 2.
            Respondent No. 2 is appearing through VC.
                                             __________

                                         CORAM : ASHWIN D. BHOBE, J.
                                         DATE : 17th FEBRUARY 2026.

            P.C. :


            1.       Heard Mr. Murtaza Najmi, learned Advocate for the
            Petitioners,      Mr.     Prasanna   Malshe,       learned   A.P.P.     for   the
            State/Respondent and Ms. Davinder Sabharwal, learned Advocate
            for Respondent No. 2.


            2.       This Petition is preferred by the Petitioners under Article 226
            of the Constitution of India and under Section 528 of the Bharatiya
            Nagarik Suraksha Sanhita, 2023, for quashing of the First
            Information Report bearing No. 32 of 2016 dated 21.01.2016
            registered with Borivali Police Station, Mumbai for the offences
            punishable under Sections 406 & 420 read with Section 34 of the
                                                 Page 1 of 4
Gitalaxmi                                                            54-WP-2125-2024.doc


            Indian Penal Code, 1860 (re-numbered as FIR No. 5 of 2023 dated
            03.02.2023 transferred to Economic Offences Wing, Mumbai) and
            the charge-sheet bearing Criminal Case No. 376/PW/2023 pending
            before the learned Additional Chief Metropolitan Magistrate, 47 th
            Court, Esplanade, Mumbai, arising out of the said FIR.


            3.    Mr. Jitendra Jain, the Director of Petitioner No. 1 Company &
            Petitioner No. 2 are present in the Court along with their Advocate
            Mr. Murtaza Najmi. Both the Petitioners are identified by Advocate
            Mr. Murtaza Najmi. Mr. Murtaza Najmi tenders photostat copies of
            Aadhar Cards of the Director of Petitioner No. 1 Company &
            Petitioner No. 2 as photo identity proof and photostat copy of the
            Certificate of Incorporation of Petitioner No. 1 Company. The same
            are taken on record and marked as “X Colly.” for identification.


            4.    Respondent No. 2, appears through Video Conference as she
            has medical conditions resulting in difficulties to travel out of her
            house, as stated by her Advocate Ms. Davinder Sabharwal. Ms.
            Davinder Sabharwal identifies Respondent No. 2 and tenders
            photostat copy of Aadhar Card of Respondent No. 2 as photo
            identity proof, which is taken on record and marked as “X-1” for
            identification.


            5.    Ms.   Davinder   Sabharwal        tenders   an   Affidavit   dated
            18.12.2025 affirmed by Respondent No. 2 before the Notary
            Advocate Mr. Tribhuwanth N. Sharma, Mumbai. Same is taken on
            record and marked as “X-2” for identification. Respondent No. 2
            appearing through Video Conference, states that she has filed the
            said Affidavit dated 18.12.2025 (X-2) out of her own free will and

                                           Page 2 of 4
Gitalaxmi                                                         54-WP-2125-2024.doc


            without any pressure, force or coercion from any person.           She
            states that the contents of Affidavit (X-2) are as per her say. She
            reiterates that the dispute between her and the Petitioners is
            amicably resolved, as such she gives No Objection for quashing of
            the criminal proceedings initiated at her instance.


            6.    Mr. Murtaza Najmi and Ms. Davinder Sabharwal relying on
            the Affidavit (X-2) filed by Respondent No. 2 submit that the
            commercial dispute between the Petitioners and Respondent No. 2
            is amicably resolved. They submit that the Petitioners and
            Respondent No. 2 have resolved the entire controversy/dispute and
            therefore, Respondent No. 2 has agreed to withdraw all criminal
            proceedings filed by her against the Petitioners. They therefore
            request that the criminal proceedings may not be continued and
            the same be quashed.


            7.    Mr. Prasanna Malshe, learned A.P.P. for the State/Respondent
            states that a purely commercial transaction was given a cloak of
            criminal proceedings and the police machinery was used to settle
            this dispute. He submits that though the police machinery was put
            in action on the basis of the complaint filed by Respondent No. 2,
            however Petitioners and Respondent No. 2 having now resolved
            their dispute and Respondent No. 2 giving her No Objection for
            quashing of the criminal proceedings read with her statements in
            the Affidavit (X-2), no purpose would be served by continuing with
            the criminal proceedings. He therefore submits that the impugned
            FIR and the criminal proceedings arising out of the impugned FIR
            be quashed.


                                           Page 3 of 4
 Gitalaxmi                                                                      54-WP-2125-2024.doc


                   8.      Considering the facts as placed before me, the nature of
                   dispute, the matter being amicably settled between the Petitioners
                   and Respondent No. 2, the statements made on oath by
                   Respondent No. 2 (Affidavit at X-2) and having regards to the
                   pronouncements of the Hon’ble Supreme Court in the cases of Gian
                   Singh v/s. The State of Punjab and Another 1, Narinder Singh and
                   Others v/s. State of Punjab and Another 2 and Parbatbhai Aahir
                   Alias Parbatbhai Bhimsinbhai Karmur and Others Vs. State of
                   Gujarat and Anr.3, there is no impediment in allowing this Criminal
                   Writ Petition.


                   9.      In view of the above, Criminal Writ Petition is allowed in
                   terms of prayer clause (a).               Consequently, the impugned FIR
                   bearing No. 32 of 2016 dated 21.01.2016 registered with Borivali
                   Police Station, Mumbai for the offences punishable under Sections
                   406 & 420 read with Section 34 of the Indian Penal Code, 1860
                   (re-numbered as FIR No. 5 of 2023 dated 03.02.2023 transferred
                   to Economic Offences Wing, Mumbai) and the subsequent charge-
                   sheet bearing Criminal Case No. 376/PW/2023 pending before the
                   learned Additional Chief Metropolitan Magistrate, 47 th Court,
                   Esplanade, Mumbai, arising out of the impugned FIR, are quashed.
                   Criminal proceedings against the Petitioners arising out of the
                   impugned FIR and the charge-sheet are closed.


                   10.     Criminal Writ Petition No. 2125 of 2024 is disposed of. No
                   order as to costs.

                                                                [ASHWIN D. BHOBE, J.]

GITALAXMI          1. (2012)10 Supreme Court Cases 303.
KRISHNA
KOTAWADEKAR        2. (2014)6 Supreme Court Cases 466.
                   3. (2017) 9 SCC 641.
Digitally signed                                          Page 4 of 4
by GITALAXMI
KRISHNA
KOTAWADEKAR
Date: 2026.02.25
21:08:03 +0530


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.