25-apl-1324-25.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. 1324 OF 2025 Sunil Rasiklal Shah and anr. .. Applicants Versus The State of Maharashtra and anr. .. Respondents WITH CRIMINAL WRIT PETITION NO. 1201 OF 2020 (Not on Board) Amit Sunil Shah .. Petitioner Versus The State of Maharashtra and anr. .. Respondents WITH INTERIM APPLICATION (ST.) NO. 16964 OF 2026 (Not on Board) ....................  Mr. S.M. Gorwadkar, Senior Advocate a/w Mr.Sujay H. Gangal, Mr.Varun Thanawala and Mr. Harshal Mule, Advocates for Applicants.  Mr. Shriram Kulkarni a/w Ms. Pranjal M. Khatavkar, for Intervenors.  Mr. Ameya Mahadik, for Respondent No.2.  Ms. S.G. Talhar, APP for Respondent-State.  API- Mr.Khalil Shaikh, EOW, present. ................... CORAM : MILIND N. JADHAV, J. DATE : AUGUST 21, 2026 P.C. : 1. Heard Mr. Gorwadkar, learned Senior Advocate for Applicants, Mr. Kulkarni, learned Advocate for the Intervenors, Mr.Mahadik, learned Advocate for the Respondent No.2 and Ms. 1 of 10 25-apl-1324-25.doc Talhar, learned APP for Respondent-State. 2. At the outset, Mr. Kulkarni would submit that the Intervention Application is ready and it can be lodged today. Copy of the same has already been exchanged with the parties. The same is permitted to be filed and numbered and the copy of the same is given to me and the same is dealt with along with Criminal Application and the Petition and is disposed of accordingly. 3. Both, the Criminal Application and the Criminal Writ Petition were listed before me on 19th August 2026 and they were argued threadbare. Mr. Kulkarni, learned Advocate appearing for the intervenors persuaded the Court to reject the Application/Petition on the ground that the principal complaint filed by first informant infact named the intervenors being at the severe loss and at the receiving end qua the Applicants and the Petitioners. After hearing the parties, this Court directed them to consolidate and arrive at a middle position so as to dispose of the present proceedings since insofar as the Applicants/Petitioners and first informant before the Court were concerned, they both had reconciled their dispute and were desirous of putting an end to the criminal proceedings. However, many similarly placed persons like the first informant some of who are duly represented by Mr. Kulkarni had initially approached the Division 2 of 10 25-apl-1324-25.doc Bench pursuant to which they were directed to approach the EOW. Mr. Kulkarni would submit that the Petitions before the Court filed by such similarly placed investors are pending. In the course of investigation, they were informed by the Juhu Police Station to approach the EOW and register their claim. He would submit that since the first informant had also named some of the similarly placed persons, he has intervened herein. 4. Mr. Gorwadkar, learned Senior Advocate representing the Applicant/Petitioner and Mr. Mahadik learned Advocate appearing for the first respondent jointly and in tandem submit that while arriving at a settlement, the interests of Mr.Kulkarni’s client have also been adequately answered and taken care of by the Petitioners/Applicants. My attention is drawn to paragraph 6. Therefore, I heard Mr. Kulkarni who would submit that in view of the compromise and settlement between the first informant and the Petitioners/Applicants if the present FIR No. 100/2019 and C.R. No. 437/2019 gets withdrawn, it should not happened that his client will have no cause of action. Hence, he would submit that leave and liberty be given to his client to take appropriate steps as available to them in law for filing any such proceedings as may be available to them in the event if the Petitioners/ Applicants do not keep their promise and if they do not keep their 3 of 10 25-apl-1324-25.doc word as stated in the consent terms. To that extent, I agree with what Mr. Kulkarni submits. Putting an end to the lis and criminal action qua the Applicants/Petitioners and the first informant in the present proceedings should not and rather may not come in the way of Mr. Kulkarni’s clients, if those interests are not taken care of and/or settled as stated by the Applicants/Petitioners in paragraph 6 of the consent terms. The issue of redevelopment is the precursor to the present lis and the criminal law is set in motion and therefore if the parties come before the Court and attempt to reconcile in such cases, the Court should infact come to the aid of the parties. Therefore I am of the opinion that the present Criminal Application and Writ Petition which have been pending for past more than 6 years deserve to be given a quietus and brought to a closure. 5. The parties to the proceedings have filed Minutes of Order. They are taken on record and marked ‘X’ for identification. They are signed by the parties and their respective Advocates. They are dated 21st August 2026. For the sake of convenience and ease of reference, the same are scanned and reproduced below in the present order itself so that the parties do not attempt to obtain certified copy and rely upon rights and obligations stated therein. 4 of 10 25-apl-1324-25.doc 5 of 10 25-apl-1324-25.doc 6 of 10 25-apl-1324-25.doc 7 of 10 25-apl-1324-25.doc 6. The rights and obligations stated in the Minutes of Order including what is stated in paragraph 6 are taken as an undertaking 8 of 10 25-apl-1324-25.doc given to this Court and parties shall ensure they shall abide by the same. Any delineation therein would be treated as a willful disobedience and violation of the order passed by this Court which shall be noted by the parties. All contentions of Mr. Kulkarni’s client are otherwise kept expressly open in accordance with law including the issue of limitation, if any, that may come in the way of his client in launching any such prosecution, if so required in accordance with law. Equally, all contentions of the Applicants/Petitioners are also kept expressly open to contest any such proceedings or further proceedings that may be filed against the Applicants/Petitioners in accordance with law. 7. Needless to state that the date of the filing of the present FIR will be taken into account if at all any further future FIR by Mr. Kulkarni’s clients. 8. Criminal Application No. 1324 of 2025 and Criminal Writ Petition No. 1201 of 2020 are both disposed of in terms of aforesaid Minutes of Order. However, since the criminal law has been set in motion, I direct the Applicants to pay costs of Rs.25,000/- to the Kirtikar Law Library, High Court Appellate Side, Mumbai within a period of four (4) weeks from today. 9 of 10 25-apl-1324-25.doc 9. In that view of the matter, the Criminal Applicatioin stands allowed in terms of prayer clause (a) which reads thus: “a) This Hon'ble Court be pleased to quash the Criminal proceedings being C.C. No. 739/PW/2021 pending before Ld. Addl. Chief Judicial Magistrate, 47th Court, Espalande, Mumbai, alongwith the chargesheet filed therein w.r.t. C.R.No. 437 of 2019 qua the Petitioners; ” 10. The present Criminal Application, the Writ Petition and Intervention Application are all disposed of accordingly. Urmila Ingale [ MILIND N. JADHAV, J. ] 10 of 10 AJAY TRAMBAK UGALMUGALE Digitally signed by AJAY TRAMBAK UGALMUGALE Date: 2026.08.24 20:54:33 +0530