ssm 1 5-wp3549.2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3549 OF 2023 Abhishek M. Garodia & Ors. …..Petitioners Vs. State Of Maharashtra & Anr. …..Respondents _____________________________________ Ms. Neuty Thakkar i/by Adv. Viraj Bansod for the Petitioners. Mr. Ajay Patil APP, for the Respondent-State. Mr. Mahesh Gupta for the Respondent No.2. _____________________________________ CORAM : A. S. GADKARI AND RANJITSINHA RAJA BHONSALE, JJ. DATE : 27th NOVEMBER, 2025. P.C.:- 1) By this Petition under Article 226 of the Constitution of India, the Petitioners have prayed for quashing of CR No.0229 of 2023, dated 21 st March, 2023, registered with Parksite Police Station, Mumbai, under Sections 406 and 420 r/w 34 of the IPC and Sections 13 and 14 of the MOFA, 1963, with the consent of Respondent No.2. 2) Record indicates that, by an Order dated 23rd October, 2023, though the Investigating Agency was permitted to continue with the investigation of the present crime, however directed not to file charge-sheet without leave of this Court. 1/4 ssm 2 5-wp3549.2023.doc 2.1) Learned APP on instructions submitted that, in view of the said Order, till date the police have not filed charge-sheet in the crime. 3) Learned Advocate for the Petitioners submitted that, the Petitioners and Respondent No.2 have now amicably settled their disputes and differences. That, the Petitioners have returned the alleged defalcated amount along with interest accrued thereon to the Respondent No.2 and therefore he has no objection in quashing the FIR in question. She therefore submitted that, the crime in question may be quashed with consent of the Respondent No.2. 4) Learned Advocate for the Respondent No.2 submitted that, the Respondent No.2 has already filed on record an Affidavit dated 27th September, 2023, duly affirmed before a Notary Public. In paragraph No.3 thereof, the Respondent No.2 has admitted the fact of amicable settlement and receipt of aggregate amount of Rs.53,87,193/- from the Petitioners towards the full and final settlement. In paragraph No.6 thereof, the Respondent No.2 has given her consent for quashing of present crime. 4.1) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 27th September, 2023 and her ‘no objection’ for quashing of the crime in question. 5) In view of the above, we are inclined to quash CR No.0229 of 2/4 ssm 3 5-wp3549.2023.doc 2023, dated 21st March, 2023, registered with Parksite Police Station, Mumbai. 6) As we expressed our opinion for quashing of crime in question, learned Advocate for the Petitioners on instructions submitted that, the Petitioners will pay a cost of Rs.25,000/- each totalling to Rs.75,000/- jointly or severally to Bar Council of Maharashtra and Goa’s Advocate Academy and Research Center, within a period of two weeks from the date of uploading of the present Order on the official website of the High Court of Bombay. The said statement is accepted as an undertaking given to this Court. 7) We therefore direct the Petitioners to pay a cost of Rs.25,000/- each totalling to Rs.75,000/- jointly or severally to Bar Council of Maharashtra and Goa’s Advocate Academy and Research Center within a period of two weeks from the date of uploading of the present Order on the official website of the High Court of Bombay. 7.1) Details of the bank Account for payment of cost are as under:- Account Name :- BCMG’S Advocate Academy & Research Center Account Number :- 000120110001327 Bank Name :- Bank of India Branch Name :- Mumbai Main IFSC Code :- BKID0000001 3/4 ssm 4 5-wp3549.2023.doc Type of Account :- Current A/c 7.2) Petitioners to pay the said cost of Rs.25,000/- each totalling to Rs.75,000/- jointly or severally within stipulated period as noted above and submit its receipt in the Registry of this Court. 8) In view of above and subject to payment of cost, Petition is allowed in terms of prayer clause (a). 9) It is made clear that, if the cost is not paid within stipulated period as mentioned above, Petition shall stand revived automatically and in that event, Investigating Agency will complete the investigation of present crime expeditiously. 10) List the Petition on Board on 23rd December, 2025, under the caption ‘for reporting compliance’ of present Order. (RANJITSINHA RAJA BHONSALE J.) (A.S. GADKARI, J.) 4/4 SANJIV SHARNAPPA MASHALKAR Digitally signed by SANJIV SHARNAPPA MASHALKAR Date: 2025.12.03 11:01:58 +0530