21. CRI WP-2198-24 & 24. WP-4145-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2198 OF 2024 Nilesh Vikram Gavad & Ors. .. Petitioners Versus State of Maharashtra & Anr. .. Respondents WITH WRIT PETITION NO. 4145 OF 2026 Sachin Pralhad Gavai & Ors. .. Petitioners Versus State of Maharashtra & Anr. .. Respondents ....................  Mr. Prashant Pandey a/w Mr. Dinesh Jadhwani, Ms. Neha Balani & Ms. Ridhima M., Advocates for Petitioners in both Petitions  Mr. Tushar Halwai, Advocate for Respondent No. 2 in WP 2198/24  Mr. Sukanta Karmakar, APP for State in WP 2198/24  Mr. Yogesh Nakhwa, APP for State in WP 4145/26 ................... CORAM : MILIND N. JADHAV, J. DATE : AUGUST 20, 2026 P. C. : 1. Heard Mr. Pandey, learned Advocate for Petitioners in both the Petitions; Mr. Halwai, learned Advocate for Respondent No. 2 in WP 2198/24; Mr. Karmakar, learned APP for State in WP 2198/24 and Mr. Nakhwa, learned APP for State in WP 4145/26. 2. As both the Petitions arise out of the same C.R. being C.R. No. 360 of 2018 registered with Bhandup Police Station for the offences punishable under Sections 323, 380, 395, 427, 448 and 457 of the IPC, both the Petitions are being disposed of by this common order. 1 of 5 21. CRI WP-2198-24 & 24. WP-4145-26.odt 3. Petitioners and private Respondent No. 2 - complainant in both the matters have persuaded the Court to consider quashing of the FIR in view of the resolution of dispute between them. Complainant has filed consent affidavit dated 07.04.2026 on record, copy of which is placed before me. I am unable to trace the original affidavit in the record. Learned Advocate for the Complainant shall ensure that the original copy is traced and placed on record subsequently. If the original copy of the consent affidavit is not traceable, liberty is given to the Advocate for complainant to file fresh consent affidavit incorporating the same contents therein. 4. Parties are ad idem that on the previous date before my learned predecessor, private complainant was directed to file additional affidavit with regard to the consent which was given by him and place on record the reasoning for settlement. Additional affidavit is filed today. It is dated 18.08.2026. It is taken on record. I have perused the same. Contents of paragraph Nos. 2 to 6 in the additional affidavit prima facie make out a case on behalf of complainant and he having consented without any duress or force as also on the advise of his well wishers. Though the offence is registered under Sections 323 and other allied sections of IPC against the accused persons in both the Petitions, in the facts and circumstances of the present case, it is seen that it is not in consonance with the statutory provisions at all. Be that 2 of 5 21. CRI WP-2198-24 & 24. WP-4145-26.odt as it may the parties have now reconciled the dispute and the charge to the extent of making one specific submission qua each other. 5. According to Petitioners in both Petitions, some of whom are developers and some of whom are workers of the said developers, they have stated that the entire material which was believed to have been robbed and stolen has been fully recovered, rather much more that what was stolen has been recovered. Mr. Pandey would submit that even according to the prosecution, material worth more than 5 Lakhs was stolen form the nine shops in which they were stored whereas the recovery done by the investigating agency is to the tune of Rs. 14.44 Lakhs. The aforesaid details are documented and placed on record at page No. 58 of Petition No. 2198/22. 6. However it is seen that the reason for filing the offence though may be serious at first blush, it is required to be considered from the point of view of the dispute between parties. Admittedly, there is existence and subsistence of long relationship between the parties as landlord and tenants and when the original property went in for redevelopment and after redevelopment had taken place, there were several galas on the ground floor which came to be allotted / occupied by the erstwhile tenants. The disputes continued. These tenants had kept their material inside those galas which was admittedly stolen and 3 of 5 21. CRI WP-2198-24 & 24. WP-4145-26.odt therefore charges were levied against the developers / builders and their workers. 7. Considering that the parties have reconciled their dispute to the extent of the loss which was incurred and an amount much more than the said loss having been recovered, no useful purpose would be served by continuing the ignominy of the present prosecution and trial before the Trial Court. The complainant is duly represented by Mr. Halwai and he consents to quashing of the complaint, FIR and CR. I accept the contentions which are made in the consent affidavit as also the additional affidavit which is filed by the complainant to determine the present Petitions. However, since the parties have put the law into motion, determination of Petitions shall be however subject to payment of costs by the Petitioners who are developers and builders. Hence, both the Petitions are allowed subject to payment of costs of Rs. 25,000/- by the Petitioners in Writ Petition No. 2198/24 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) 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, 4 of 5 21. CRI WP-2198-24 & 24. WP-4145-26.odt 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 Petitions which is agreed upon to be paid by Mr. Pandey, learned Advocate / Counsel for Petitioners in WP 2198/24. Copy of receipt of payment of costs shall be placed on record within a period of two weeks for compliance. Petitions are allowed in terms of prayer clause (a) in both Petitions which read thus:- WRIT PETITION NO. 2198 OF 2024:- "(a) This Hon'ble Court by invoking the writ jurisdiction under Article 226 of the Constitution of India and under Section 482 of CrPC may issue a writ, order and direction and quash and set aside the proceeding vide Sessions Case No. 252 of 2019, pending before the Ld. Sessions Court, Mumbai arising out of C.R. No. 360 of 2018 registered with Bhandup Police Station for offences U/s. 323, 380, 395, 427, 448 & 457 of IPC; WRIT PETITION NO. 4145 OF 2026:- "(a) This Hon'ble Court by invoking the writ jurisdiction under Article 226 of the Constitution of India and under Section 482 of CrPC (now 528 of BNSS), may issue a writ, order and direction and quash and set aside the proceeding including the cognizance of the issue process vide Sessions Case No. 252 of 2019, pending pending before the Ld. Sessions Court, Mumbai arising out of C.R. No. 360 of 2018 registered with Bhandup Police Station for offences U/s. 323, 380, 395, 427, 448 & 457 of IPC insofar as the same concern the Petitioners herein; 8. Both the Petitions are disposed, however kept for compliance on 27th August, 2026 under the caption "for Compliance". Amberkar [ MILIND N. JADHAV, J. ] 5 of 5 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.08.20 20:02:29 +0530