40-apl-1490-24.doc Urmila Ingale IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION 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. 1 of 5 40-apl-1490-24.doc 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 2 of 5 40-apl-1490-24.doc 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 3 of 5 40-apl-1490-24.doc 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) 4 of 5 40-apl-1490-24.doc 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. ] 5 of 5 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.08.21 20:42:11 +0530