16-wp-3896-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3896 OF 2026 Baldev Singh Vijan …Petitioner V/s. The State of Maharashtra & Ors ...Respondents Mr. Yashpal Thakur, a/w Adv. M. G. Shukla, Advocate for the Petitoner. Mr. P. H. Gaikwad, APP for the Respondent/State. CORAM : N.R. BORKAR, J. DATE : 31.08.2026. P.C. : 1. This petition is filed seeking recall of the order passed by this Court dated 02.04.2024 in Writ Petition (ST) No. 5450 of 2024, which reads thus : 1. Not on board. Taken on board. 2. The petitioners are challenging the First Information Report (FIR) dated 6.12.2023 registered with Chunabatti Police Station, Mumbai vide C.R. No. 523 of 2023 for the offences under Sections 420, 465, 467, 468 read with 34 of the Indian Penal Code. The FIR was registered at the instance of respondent No.2. Pramod S.Lakare 1/5 16-wp-3896-2026.doc 3. The parties have arrived at amicable settlement. The original complainant has been compensated appropriately. 4. From the tenor of FIR, it appears that there was transaction of sale of property between the complainant and the accused. Since the entire consideration was not paid to the complainant, the FIR was registered. It is alleged that Bungalow at Chembur was gifted to complainant by her parents. She had entered into transaction of sale with M/s.Radhakrishna Live Space in February 2023 by executing agreement and accepted Rs.41,50,000/- as token. Transaction could not be completed. She was in search of another purchaser. Petitioner No.1 approached her. Deal was fixed. Consideration was decided. Fake D.D. was given to the complainant. She was deceived. 5. Parties have settled dispute. Consent Terms are executed. 6. The Consent Terms indicate that it is agreed to pay amount of Rs.3 crores to the complainant. The complainant is present in the Court. She is represented by Advocate. She has received amount of Rs.3 crores in view of settlement between the parties. She has filed the affidavit giving consent to quashing the FIR. Pramod S.Lakare 2/5 16-wp-3896-2026.doc 7. Apparently, the dispute between the complainant and the petitioners relates to the transaction of property. The matter has been amicably settled by the parties. In view of Consent Term and the affidavit filed by the respondent No.2/complainant, the impugned proceedings can be quashed. O R D E R a] Writ Petition is allowed. b] The impugned FIR dated 06.12.2023 registered with Chunabatti Police Station, Mumbai vide FIR No.523 of 2023 is quashed and set aside, subject to payment of costs. c] The petitioner Nos.1 to 4 shall pay the costs of Rs.25,000/- each to Advocates’ Association of Western India Generation Next within a period of three weeks from today and submit the receipt of the same in the Registry of this Court. The details of the bank account for payment of costs are as under: Account Name : Advocates’ Association of Western India Generation Next Account Number : 000110110007807 Bank Name : Bank of India Pramod S.Lakare 3/5 16-wp-3896-2026.doc Branch Name : Mumbai Main IFSC Code : BKID0000001 d] The articles belonging to the respondent No.2/ complainant, if any, which are lying in the premises now being sold to the petitioners be returned to the complainant in presence of police official of concerned police station. 2. I have heard the learned counsel for the petitioner. 3. The learned counsel for the petitioner submits that there is an agreement of sale in favour of the petitioner executed by the father of the first informant in respect of the very same Bungalow referred to in the FIR. It is submitted that suppressing the said fact consent terms were filed before this Court. It is submitted that the order dated 02.04.2024 needs to be recalled as it is prejudicially affecting the rights of the petitioner. 4. It is not the case of the petitioner that he is also the victim of the crime in question. By the order dated 02.04.2024, this Court has not decided the civil rights of the parties. In that Pramod S.Lakare 4/5 16-wp-3896-2026.doc view of the matter, no case is made out to recall the order dated 02.04.2026. 5. The petition is dismissed. [N.R.BORKAR, J.] Pramod S.Lakare 5/5