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Bombay High Court

PREYASH SHASHIKANT NANAVATIversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The Court quashed the FIR (C.R.No.81 of 2024) and all consequent criminal proceedings (R.C.C.No.860 of 2025) against the petitioner (Accused No.12) only.

Summary

The petitioner, Preyash Shashikant Nanavati, was named Accused No.12 in an FIR filed in 2024 alleging offences under several sections of the Indian Penal Code relating to a dispute over a parcel of land in Mira‑Bhayander. The petitioner claimed ownership of the land based on a registered conveyance deed executed in 2008 after purchasing it from Anita S. Almeida, who held a power of attorney from the original owner. The complainant asserted that the land belonged to her ancestors and that the power of attorney had no authority to sell, leading to a civil suit (Regular Civil Suit No.1583 of 2025) pending before the Junior Division Court. The petitioner argued that the criminal proceedings were an abuse of process, that the dispute was purely civil, and that the FIR was filed with undue delay and laches. The Court examined the documentary evidence, noted the existence of the pending civil suit, and held that there was no criminal act warranting prosecution, thereby quashing the FIR and the related criminal case against the petitioner. The petition was allowed and the matter disposed.

Issues considered

  • Whether the FIR and subsequent criminal proceedings against the petitioner are maintainable given that the underlying dispute is civil in nature.
  • Whether the criminal case should be quashed on the ground of lack of criminal conduct and the pendency of a civil suit.
  • Whether the petitioner can be exempted from criminal liability while the civil suit determines the property rights.

Legislation cited

Subjects

  • criminal procedure
  • quash of FIR
  • property dispute
  • civil suit pending
  • abuse of process
  • laches
  • Indian Penal Code
  • Code of Civil Procedure

Judgment

                                                                      48.WP.5317.2021.doc

HARSHADA H. SAWANT
      (P.A.)
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION


                               WRIT PETITION NO.5317 OF 2024

              Preyash Shashikant Nanavati                      .. Petitioner
                          Versus
              The State of Maharashtra and Anr.                .. Respondents
                                          ....................
               Mr. Ayush Pasbola a/w. Mr. Sankalp Vichare, Advocates for
                 Petitioner.
               Ms. Rajeshree V. Newton, APP for Respondent No.1 – State.
                                           ...................

                                          CORAM : MILIND N. JADHAV, J.
                                          DATE          : AUGUST 27, 2026
              P.C.:

              1.       Heard Mr. Pasbola, learned Advocate for Petitioner and Ms.

              Newton, learned APP for Respondent No.1 – State.


              2.       Respondent No.2 is not present despite being served.

              Advocate for the Petitioner has filed Affidavit-of-Service dated

              25.08.2026 stating that notice of today’s hearing has been served on

              Respondent No.2 and same is perused by the Court.


              3.       Petitioner is indicted as Accused No.12 in the present case in

              complaint filed by the Complainant. Admitted facts which emanate

              from the record is that Petitioner is in possession of land bearing

              Survey No.15 / 1 situated in Mira-Bhayander area of Mumbai since

              2008 as its owner pursuant to a registered Conveyance Deed. He had

              purchased the said land from Anita S. Almeida (also an Accused) who

              sold the land to him on the basis of a Power of Attorney in her favour

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from the original owner on 29.04.2008. The private Complainant has

filed a compliant on 24.08.2024 with the Uttan Sagari Police Station

bearing C.R.No.81 of 2024 for offences punishable under Sections 420,

465, 468, 471, 199, 200 and 120B of the Indian Penal Code, 1860

wherein she has indicted 12 Accused persons and Petitioner is

arraigned as Accused No.12.


4.        The case of Complainant is that the subject land Survey

No.15/01 in village – Bhayander, Vasai – Virar region belonged to

Complainant’s maternal great grandfather Pendru Mates Fernan alias

Fernandes who had expired on 14.01.1927. The case of Complainant is

that until the year 2008, the said land in the revenue record stood in

the name of the great grandfather and her sister and the constituted

Power of Attorney had no right to sell it to Petitioner and his associate.


5.        According to the Complainant by virtue of the successive

transfers on the basis of the Gift Deed notwithstanding the mutation

entry entered to that effect, Petitioner (Accused No.12) acquired and

got the subject property transferred to his name from the Constituted

Power of Attorney surreptitiously. Petitioner has also given reference

to a Memorandum of Understanding executed by the said Anita S.

Almeida who is arraigned as Accused No.6 with the other Accused

persons in the year 2007 i.e. prior to Petitioner’s transfer.


6.        There is a reference given to an Agreement for Sale executed


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in January – 2008 between the Petitioner and Accused No.6 – said

Anita Almeida who is the Power of Attorney holder of Accused Nos.1 to

5. The subject land is also covered under the registered Conveyance

Deed between the parties dated 02.05.2008 and thereafter the

Petitioner and one Hiten Mansukhlal Sheth purchased the said

property by a registered Conveyance Deed for consideration of

Rs.50,00,000/- paid to the said Constituted Power of Attorney.


7.        In view of the above, other family members of Respondent

No.2 have filed Regular Civil Suit No.1583 of 2025 before the Civil

Judge Junior Division in the Civil Court which is pending.          The

Complainant is also made a party Defendant to the said Civil Suit

proceedings. Considering the aforesaid timeline and the substantive

rights of the parties in the subject land whether they would devolve

upon them by virtue of operation of law by virtue of registered

documents / Deed of Conveyance and / or gift deed, it will

undoubtedly and exclusively decided in the Civil Suit pending in the

Civil Court.


8.        Respondent No.2 infact filed Application under Order – I

Rule 10 of the Code of Civil Procedure, 1908 in the said Civil Suit.

Respondent No.2 has also been arraigned as party Defendant therein.

The copy of First Information Report (for short ‘FIR’) is appended at

page No.16 and when read at page Nos.21 to 24, it is seen that no



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specific role whatsoever is attributed to the Petitioner before me. The

FIR is also devoid of mentioning the suit proceedings which was filed

prior to filing of the FIR. Rights of the parties in regard to the subject

suit land before me namely Petitioner will be governed by the

registered documentary transactions and documents or by operation of

law. As on today Petitioner is in physical possession of the said Suit

land.


9.        Even otherwise, if FIR is read, according to Respondent No.2

– Complainant, the rights on the family members of the original owner

of the land has been devolved by the virtue of succession and gift deed

and if that be the case, the said right will have to be fructified by the

concerned parties in appropriate civil proceedings which they have

filed. If right of the Petitioner is hampered by virtue of he having

purchased the subject land by a registered Deed of Conveyance in the

year 2008, it shall also be open to the Complainant to approach the

Civil Court and seek injunctive relief in accordance with law or file a

counter claim in the subsisting Suit proceeding.


10.       There is absolutely no criminality whatsoever involved in the

FIR which is filed, which is nothing but sheer abuse of the due process

of law and has been filed as pressure tactic.       Continuation of the

present criminal proceedings in the aforesaid facts and circumstances

of the present case would be unfair to the parties, namely Petitioner



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and co-purchaser who have been in possession of the subject land since

the year - 2008 pursuant to a registered Deed of Conveyance after

paying consideration of Rs.50,00,000/-.


11.        Filing of FIR in the year 2024 itself shows that it is fraught

with delay and laches considering that the subject land being in

possession of the Petitioner and co-accused Hiten Sheth would never

have been kept under wraps since the year 2008 onwards. This is all

the more reason to consider the present Petition for quashing of

criminal proceedings. There is no element of criminality involved in

the present case which can be seen and the entire dispute is of a purely

civil nature.


12.        With the able assistance of Mr. Pasbola and Ms. Newton, I

have perused the entire material which is appended to the present

Petition. Substantive documentary evidence in the form of Deed of

Conveyance, Power of Attorney and receipts of payment have been

appended qua the subject property.             Suit by the parties is already

pending before Civil Court which is all the more reason that the

present Petition deserves to be allowed. Petition is therefore allowed in

terms of prayer clause (b) qua the Petitioner before the Court which

reads thus:-


           “b) This Hon’ble Court be pleased to quash the F.I.R. bearing
                C.R.No.81 of 2024 and all consequent proceedings arising out of
                it viz., R.C.C.No.860 of 2025, pending on the file of 4 th Joint Civil
                Judge, Junior Division, Mira Bhayandar. ”

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               13.                 It is clarified that the above First Information Report No.81

               of 2024 and all consequent proceedings arising out of C.R.No.860 of

               2025 are quashed qua Accused No.12 (Petitioner) only.


               14.                 With the above directions, Writ Petition is allowed and

               disposed.



H. H. SAWANT                                                    [ MILIND N. JADHAV, J. ]
                        Digitally signed
                        by HARSHADA
               HARSHADA HANUMANT
               HANUMANT SAWANT
               SAWANT   Date:
                        2026.08.28
                        11:34:33 +0530




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