30. CRI WP-3975-26 & ST-8586-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3975 OF 2026 Krushna Ramnath Naik .. Petitioner Versus The State of Maharashtra & Anr. .. Respondents WITH WRIT PETITION (ST) NO. 8586 OF 2026 Mayur Vasudeo Borole .. Petitioner Versus The State of Maharashtra & Anr. .. Respondents ....................  Mr. Gauresh Khandalekar a/w Ms. Mansi Mhatre, Advocates for Petitioners  Ms. Shilpa G. Talhar, APP for State  Mr. Umar Kazi a/w Ms. Sonia Santis, Advocate for Respondent No. 2  Mr. Sujit Dhanraj Lund, Respondent No. 2 is present  Mr. Ganesh Ashok Gotke, API, Kolsewadi Kalyan (E), Police Station ................... CORAM : MILIND N. JADHAV, J. DATE : AUGUST 27, 2026 P. C. : 1. Heard Mr. Khandalekar, Advocate for Petitioners; Ms. Talhar, learned APP for State & Mr. Kazi, learned Advocate for Respondent No. 2. 2. After hearing learned Advocates for the parties, on 28.08.2026, following order was passed:- 1 of 5 30. CRI WP-3975-26 & ST-8586-26.odt "1. Heard Mr. Khandalekar, learned Advocate for Petitioners, Ms. Sonia Santis, learned Advocate for the Respondent No.2 and Mr. Nakhwa and Mr. Palkar, learned APPs for Respondent-State. 2. This is a common order passed in both the Petitions. There are two Petitions before me, one is filed by Mr. Krushna Ramnath Naik who is accused no. 2 in the crime. The second Petition is filed by Dr.Mayur Vasudeo Borole who is accused no. 1 in the crime. At the time of ABA of Dr. Mayur Borole, parties have agreed and filed consent terms before the Court. A copy of consent terms is appended at Exhibit ‘C’ at page nos. 84 and 85 which are dated 7th March 2026. The parties had agreed to amicably settle the matter by consent and/or exchanging certain amounts, all of which are reiterated in the said consent terms. It is also further stated therein that after quashing of the offence and the FIR No. 935 of 2025, Rs.3 Lakhs being the balance sum will be paid over to the Respondent No.2. Mr. Khandalekar apprises the Court that Rs. 17 Lakhs is already received by the Complainant. Copies and details of cheques and bank statement appended from page nos. 86 to 94 prima facie show that the said amount of Rs.17 Lakhs has already been received by the Complainant – Mr. Sujit Dhanraj Lund. He would submit on instructions that the balance amount of Rs.3 Lakhs is also available for immediate pay off to the private Complainant as agreed under the consent terms at the time of ABA. 3. When these deliberations are taking place in Court, one Advocate - Ms. Sonia Santis instructed by Mr. Umar Kazi appeared in Court and informed the Court that she has been instructed to appear for Respondent No.2. She would submit that her instructions are that Respondent No.2 is opposing the quashing of petition and they would like to file a detailed affidavit in the present matter and no orders should be passed. However, after going through the consent terms which are appended at page no. 84, such a defence is now not available to the Respondent No.2. Rather it would amount to dishonesty on the part of the Respondent No.2 to now take such a stand when earlier the Court has accepted the consent terms during ABA proceedings. Prima facie, it appears that the intention of the Respondent No.2 is extremely dishonest which will not be tolerated and countenanced by this Court. Respondent No.2- Mr. Sujit Dhanraj Lund is therefore directed to remain personally present on 27th August 2026 before the Court at 11:00 a.m. when this matter will be taken up for passing final orders. The Petitioner informs the Court that there is Demand Draft of Rs. 3 Lakhs which is also ready to be paid over as per the consent terms which are already accepted by the Court at the time of ABA. However, considering the objection raised by the Advocate for Respondent No.2 today, I direct that the above amount of Rs.3 Lakhs should not be paid over to him. The consent terms referred to quashing of FIR 935 of 2025. They have been executed by and entered into by Dr.Mayur Borole and the Complainant. The Complainant has signed the said consent terms. If FIR No. 935 of 2025 is quashed, the same will also apply to Krushna Ramnath Naik who is co-accused in a companion Petition. Appropriate orders will be passed in both the Petitions on the next adjourned date when Mr. Sujit Dhanraj Lund is directed to remain present at 11:00 a.m. The concerned Advocate representing Mr.Sujit Dhanraj Lund should ensure that he remains 2 of 5 30. CRI WP-3975-26 & ST-8586-26.odt present on the next date. Ms. Sonia Santis, learned Advocate appearing for Respondent No.2 should ensure that this order is communicated to her client. 4. List the matter on 27th August 2026. To be listed ‘First On Board’. 3. Notwithstanding what is stated and recorded in the above order and without prejudice to the rights and contentions of the parties, Mr. Kazi, learned Advocate appears for Respondent No. 2. Respondent No. 2 is also present in Court. Mr. Kazi in his usual fair mindedness apprises the Court that parties have reconciled their dispute and what has been observed in the previous order parties have agreed to resolve the same according to the terms and conditions which were filed before the previous Court while granting anticipatory bail. 4. Mr Khandalekar, learned Advocate for Petitioners would submit that the demand draft of Rs. 3 Lakh is ready. Same is scanned and reproduced below for ease and convenience:- 3 of 5 30. CRI WP-3975-26 & ST-8586-26.odt 5. Original demand draft is handed over to Respondent No. 2 through his Advocate in the presence of the Court. 6. In view of the aforesaid order passed and the parties having resolved the issue and lis, especially in view of the consent terms which were filed at the time of granting anticipatory bail, Petitions are allowed in terms of their respective prayer clauses which read thus:- WRIT PETITION No. 3975 OF 2026:- "(a) This Hon'ble Court by invoking its writ jurisdiction under the provisions of Article 226 of constitution of India r/w. Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (Section 482 of The Code of Criminal Procedure) may issue appropriate writ, order and/or direction and quash and set aside the impugned First Information Report No. 935/25 dated 27.12.2025 Kolsewadi Police Station, Dist. - Thane including the Chargesheet No. 85 of 2026 dated 23.03.2026 and all other consequential proceedings qua the present Petitioner arising out of Regular Criminal Case No. 231 of 2026 pending before Ld. 4th Jt. C.J.J.D. & J.M.F.C, Kalyan; WRIT PETITION NO. 8586 OF 2026:- "A. Be pleased to allow present Application. B. Quash and set aside C.R. No. 0935 of 2025 dated 27.12.2025 registered with Kolsewadi Police Station, Kalyan (East), District Thane, for offences punishable under Sections 340(2), 336(3), 336(2), and 318(2) of the Bharatiya Nyaya Sanhita, 2023, as against the present Applicants." 7. Since the parties have put the law into motion, determination of Petitions shall be however subject to payment of costs by the Petitioners . Hence, both the Petitions are allowed subject to payment of costs of Rs. 25,000/- by the Petitioners to a charity namely A.K. Munshi Yojana’s J.T. Sheth Mandbuddhi Vikas Kendra, a Special School 4 of 5 30. CRI WP-3975-26 & ST-8586-26.odt 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, 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 one week from the date of uploading of this order as a condition for allowing the present Petitions. 8. Needless to state that parties will abide by the rights and obligations stated in the Consent Terms as an undertaking given to this Court. 9. Liberty to apply in case of any difficulty. 10. Though the present Petitions are disposed of, same are kept for compliance of this order on 10th September, 2026 under the caption "for Compliance". 11. Petition Nos. 3975 of 2026 and (St) No. 8586 of 2026 are allowed and disposed. Amberkar [ MILIND N. JADHAV, J. ] 5 of 5 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.08.27 20:22:52 +0530