15. CRI WP-3934-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3934 OF 2026 Milind Rambhavu Kamble & Ors. .. Petitioners Versus The State of Maharashtra .. Respondent ....................  Mr. Chandak Aditya (through VC), Advocate for Petitioners  Ms. Rajeshree V. Newton, APP for State  Ms. Gaurangi Chaudhari & Ms. Shubhashree Yewale i/by YNA Legal LLP, Advocates for Respondent No. 2  Ms. Puja Sanjeev Karambelkar, Respondent No. 2 ................... CORAM : MILIND N. JADHAV, J. DATE : AUGUST 29, 2026 P. C. : 1. Heard Mr. Chandak, learned Advocate for Petitioners; Ms. Newton, learned APP for State and Ms. Chaudhari, learned Advocate for Respondent No. 2. 2. On 20.08.2026, this Court passed the following order:- "1. Heard Mr. Chandak, learned Advocate for the Petitioner on Video Conferencing (VC) and Mr. Palkar, APP for Respondent–State. 2. The present Petition is filed for quashing of FIR No.22 of 2026 dated 17th February, 2026, registered with Igatpuri Police Station, District – Nashik for offences punishable under Sections 229, 338, 33(3), 318(4), 319(2), 340(2), 351(2), 352, 61(2), 3(5) of the BNS, 2023. Admittedly, there is a dispute between the Petitioner and private informant complainant Respondent NO.2 with regard to a proposed commercial transaction for development and sale of an immovable property in Igatppuri. There was also a Memorandum of Understanding executed between them, which ultimately landed in the Civil Court, and Special Civil Suit No. 75 of 2025 was instituted before the Civil Judge, Senior Division, Igatpuri, seeking specific performance thereof. However, during the pendency of the said proceedings, Respondent No. 2 also lodged the present FIR alleging cheating and forgery, as also 1 of 4 15. CRI WP-3934-26.odt intimidation. The civil suit stands fully decreed, and Mr. Chandak has drawn my attention to the decree passed by the Civil Court, a copy of which is appended at Page No. 89 of the Petition. The consent terms which were filed between the parties therein not only put an end to the lease between the parties, but the parties also agreed that the present FIR would be quashed by filing an appropriate Petition in this Court. Hence, the present Petition. 3. Today, when the matter is called out, and despite Respondent No. 2 having been informed about the matter today, she is not present, nor is she represented by Advocate. Mr. Chandak, appearing on VC, is handicapped. He would submit that he will convey to Respondent No. 2 to remain present, but he does not know the reason as to why she is not present. Hence, I am inclined to issue notice to Respondent No. 2 and direct her to remain present either physically or online and confirm the aforesaid submissions made by Mr. Chandak, which are even otherwise prima facie borne out by the record placed before me in the present Petition. 4. Issue notice to Respondent No.2, returnable on 27th August, 2026. 5. Stand over to 27th August, 2026. To be listed First on Board." 3. This is a Petition for quashing by consent of the parties. Petitioners have been indicted in the offences relating to cheating and forgery. 4. I have perused the papers and the material placed before me. Admittedly, there has been agreement between the parties qua the subject properties as also Civil Suit which has been settled which is stated in the additional affidavit filed by Respondent No. 2. 5. I have perused the Consent Affidavit. Petitioners are directed to file an undertaking to this Court that they shall not initiate or pursue any fresh proceedings against the complainant arising out of the same cause of action unless expressly required. Mr. Chandak who appears on VC for Petitioners undertakes to do so. Rights and obligations 2 of 4 15. CRI WP-3934-26.odt otherwise which are stated between the parties and agreed between the parties shall be abided by the parties as per the consent affidavit. Affidavit of consent of Respondent No. 2 is taken on record. Respondent No 2 is present on VC. She confirms filing of the said Consent Affidavit. 6. In view of the aforementioned lis between the parties and the compromise decree as also the Consent Affidavit, criminal prosecution qua the FIR No. 22 of 2026 is quashed and set aside thereby allowing the parties to lead their normal lives. 7. In view of the aforesaid observations and findings and consent given by Respondent No. 2 - complainant, I see no impediment in allowing the present Petition. Hence, the Petition stands allowed in terms of prayer clauses (a) & (b) which read thus:- "a. The present petition be allowed. b. The FIR No. 22 of 206 dated 17.02.2026 registered with Igatpuri Police Station, Nashik registered under Sections 229, 338, 33(3), 318(4), 319(2), 340(2), 351(2), 352, 61(2), 3(5) of BNS along with the chargesheet as the case may be, may kindly be quashed and set aside." 8. Since the parties have put the law into motion, determination of Petitions shall be however subject to payment of costs by the Petitioners . Hence, Petition is 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 3 of 4 15. CRI WP-3934-26.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 two weeks from the date of uploading of this order as a condition for allowing the present Petition. 9. Though the present Petition is disposed of, same is kept for compliance of this order on 11th September, 2026 under the caption "for Compliance". Amberkar [ MILIND N. JADHAV, J. ] 4 of 4 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.08.29 18:11:58 +0530