Bombay High Court

GOLDIE SUDversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 26 February 2026
Disposal: Disposed Off
Bench: RANJITSINHA RAJA BHONSALE

Holding

The Court quashed the FIR and the charge‑sheet, holding that the settlement and consent of the complainant justify dismissal of the criminal proceedings.

Summary

The petitioners, including Rajesh Dwarkadas Tulsiani, were named as accused in FIR C.R. No. 499 of 2020 for alleged offences under Sections 342, 347, 427, 504, 506, 201 read with 34 of the Indian Penal Code, arising from a family property dispute. The complainant, Respondent No.2, who is the petitioner’s brother, alleged illegal entry, intimidation and abuse. The parties subsequently reached an amicable settlement and the complainant filed a consent affidavit seeking quash of the criminal proceedings. The Bombay High Court examined whether a settlement and the complainant’s consent justify quashing the FIR and the charge‑sheet. Finding that the dispute was resolved and continuation of the case would serve no purpose, the Court allowed the writ petition and ordered the FIR and charge‑sheet to be quashed. The related interim application was also disposed, and other pending writ petitions were listed for further directions.

Issues considered

Whether an FIR and charge‑sheet can be quashed on the ground of an amicable settlement and the complainant's consent.

Legislation cited

Indian Penal Code, 1860 — s. 201, 34, 342, 347, 427, 504, 506

Subjects

quash
FIR
charge sheet
amicable settlement
family property dispute
consent affidavit
Indian Penal Code
Bombay High Court
criminal procedure

Judgment

                       (58)-WP-393-23 & group matters.doc.


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION
          Digitally
          signed by
          BALAJI
          GOVINDRAO

                                        WRIT PETITION NO.393 OF 2023
BALAJI
GOVINDRAO PANCHAL
PANCHAL   Date:
          2023.07.13
          16:39:27
          +0530


                       Rajesh Dwarkadas Tulsiani               …Petitioner
                              Versus
                       State of Maharashtra and Anr.           …Respondents.
                                                    WITH
                                     INTERIM APPLICATION NO.337 OF 2023
                                                     IN
                                        WRIT PETITION NO.393 OF 2023

                       Goldie Sud                              …Applicant

                       IN THE MATTER BETWEEN

                       Rajesh Dwarkadas Tulsiani               …Petitioner
                              Versus
                       State of Maharashtra and Anr.           …Respondents

                                                   WITH
                                       WRIT PETITION NO.2029 OF 2021
                                                   WITH
                                    INTERIM APPLICATION NO.1860 OF 2021
                                                   AND
                                       WRIT PETITION NO. 2184 OF 2021

                       Goldie Sud                              ...Petitioner
                              Versus
                       The State of Maharashtra and Anr.       ...Respondents

                       Mr. Samruddhi Bendbhor i/by Parinam Law Associates, for the
                       Petitioner in WP/393/2023.
                       Mr. K. V. Saste, APP for the Respondent-State.

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Mr. Sandeep Kekane, for the Respondent No.2.


                          CORAM : NITIN W. SAMBRE &
                                  SHARMILA U. DESHMUKH, JJ.

                          DATE        : June 15, 2023.


ORDER (Per : Sharmila U. Deshmukh, J.):


1.           Heard.


2.           The Petitioners in Writ Petition NO. 393 of 2023 and

Writ Petition No. 2184 of 2021 have been arrayed as accused in First

Information Report (FIR) being C.R.No.499 of 2020, registered with

L.T. Marg Police Station, Mumbai for the alleged offence punishable

under Sections 342, 347, 427, 504, 506, 201 read with 34 of the

Indian Penal Code, 1860 in which the petitioner is charge-sheeted.

The quashing is sought on the premise that that the dispute has

been settled between the parties.


3.           The FIR in question came to be lodged by the

Respondent No.2 against the Petitioner in Writ Petition No.393 of

2023, who is his brother and against his friend on the allegation

that   the   Petitioner   illegally   entered   the   Respondent   no.2-

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complainant’s property and abused and intimidated the Respondent

no.2-Complainant. The dispute appears to be in respect of certain

family properties.


4.          The consent-affidavit of the Respondent No.2 was

tendered before this Court on 21st November, 2022, in which the

consent is extended for quashing of the petitions.


5.          Considering the relations between the parties, the nature

of dispute and the fact that the parties have amicably settled the

dispute and entered into compromise, we see no reason to continue

with the criminal proceedings, as the same would not achieve any

fruitful outcome. The consent affidavit filed by the Respondent

No.2-Complainant extends the consent for quashing of the subject

FIR, and as such, we see no impediment to allow the writ petition.


7.          The Writ Petition No.393 of 2023 stands allowed and the

FIR being C.R.No.499 of 2022, registered with L.T. Marg Police

Station, Mumbai, against the Petitioner - Rajesh Dwarkadas Tulsaini,

so also, consequential charge-sheet is hereby quashed and set aside.


8.          In view of disposal of Writ Petition No.393 of 2023,

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Interim Application No.337 of 2023 also stands disposed of.


9.          Writ Petition No.2029 of 2021 along with Interim

Application No.1860 of 2021 and Writ Petition No.2184 of 2021 be

listed for direction on 10th July, 2023.




[SHARMILA U. DESHMUKH, J.]                  [NITIN W. SAMBRE, J.]




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