33.WP.2107.2026+.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2107 OF 2026 Tushar Shivaji Ugale .. Petitioner Versus The State of Maharashtra and Anr. .. Respondents WITH INTERIM APPLICATION NO.2793 OF 2026 IN WRIT PETITION NO.2107 OF 2026 ....................  Mr. Amol Ghuge a/w. Mr. Gourav Shahane and Mr. Gaurav Ugale, Advocates for Petitioner.  Ms. Anuja S. Gotad, APP for Respondent No.1.  Mr. Satyajeet P. Dighe, Advocate for Respondent No.2. ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 03, 2026 P.C. : 1. Heard Mr. Ghuge, learned Advocate for Applicant; Ms. Gotad, learned APP for Respondent No.1 and Mr. Dighe, learned Advocate for Respondent No.2. 2. Interim Application No.2793 of 2025 stands allowed in terms of prayer clause (a). Amendment is permitted to be carried out within a period of one week from today. Reverification stands dispensed with. 3. The present Petition is filed under Article 226 of the Constitution of India, 1950 in the matter of Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the Petitioner seeking quashing of First Information Report (for short ‘FIR’) No. 333 of 2025 1 of 5 33.WP.2107.2026+.doc registered on 13.10.2025 with Indira Nagar Police Station, Nashik for cheating and criminal breach of trust punishable Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023. 4. The Petitioner’s Bank Accounts have also been frozen in the meanwhile by the prosecution. The Petitioner is working as a Police Constable in Nashik City Police and this is a lis between the family members inter se with each other. 5. Respondent No.2 – Complainant happens to be the uncle of the Petitioner. The Petitioner though related to Respondent No.2, is working in Mumbai Police, and the FIR is lodged in Nashik. Precursor to the lodging of the FIR happens to be an Agreement between the parties, whereby the Complainant agreed to purchase certain land belonging to the Petitioner for a consideration of Rs.38,00,000/-. It is the prosecution case that Petitioner received Rs.8,00,000/- but thereafter did not honor the said Agreement and infact sold the said land to a third party. The Complainant therefore filed Special Civil Suit No. 94 of 2025 before the Civil Judge, Senior Division, Sinnar, but was unsuccessful in obtaining any interim relief as his Application below Exhibit-5 was dismissed on 13.03.2026 on merits. I am informed that challenge to dismissal of Exhibit-5 is pending before the District Judge, Nashik Court. 6. One of the key reasons for dismissing the Application below 2 of 5 33.WP.2107.2026+.doc Exhibit-5 was reliance placed by the Court on a registered partition deed dated 28.04.2023, by virtue of which the Petitioner became independent owner of the subject property. In that view of the matter the case of the Complainant that he would be the co-owner of the property stood defeated and therefore, interim relief was rejected. 7. Prima facie, the dispute between the parties emanates from a purely civil proceeding. Though it is argued before me by the learned advocate for the Complainant that Rs.8,00,000/- were parted and they have not been returned and therefore, the criminal prosecution has been initiated. 8. Be that as it may, in view of the aforesaid facts, no purpose, in my opinion would be served in allowing the present criminal prosecution in view of the pendency of the civil suit between the parties. In order to show the bonafides of the Petitioner, I direct the Petitioner to deposit a sum Rs.5,00,000/- before the Trial Court in Special Civil Suit No. 94 of 2025. 9. Needles to state that this amount shall be deposited by the Petitioner within a period of 2 months from today. I immediately direct the defreezing of the Bank Account of the Petitioner in terms of prayer clause (c). Needless to state that Petition therefore, stands allowed in terms of prayer clause (b). Writ Petition is allowed in terms of prayer clauses (b) and (c) which read thus:- 3 of 5 33.WP.2107.2026+.doc “b) This Hon’ble Court may be pleased to issue a Writ of Certiorari or any other appropriate Writ, Order, or Direction, and be pleased to quash and set aside the F.I.R. No. 333 / 2025 registered on 13/10/2025 at Indira Nagar Police Station, Nashik, for alleged offences under Sections 316(2) and 318(4) of the BNS, 2023. c) This Hon’ble Court be pleased to direct the Respondent No. 1 (State / Police) to take appropriate steps to unfreeze the following bank accounts of State Bank of India, HDFC Bank, and Axis Bank the Petitioner’s accounts State Bank of India A/c – 42942973136, HDFC Bank A/c – 50100386578699, Axis Bank A/c- 918010101244287 and Bank of Baroda A/c – 20070100019365 and further direct said Banks to restore full banking operations to the Petitioner.” 10. It is further clarified that the amount which is to be deposited shall stand deposited in the Civil Suit and shall be subject to the outcome of the Civil Suit. 11. Needless to state further that the Respondent No.2 Complainant is permitted to seek withdrawal of the said amount after its deposit before the Civil Court and the Civil Court shall determine the same in accordance with law, if any such withdrawal application is made. All rights and contentions of the parties in the Civil Suit are kept open. This order is only for the purpose of quashing of the present criminal proceedings and shall not come in the way of the parties in determining the Civil Suit which shall be determined on the basis of the evidence led by the Plaintiff and the evidence led in rebuttal by the Defendants therein and strictly in accordance with law. If the above deposit is not made and Petitioner does not show his bonafides as directed, this order shall stand cancelled automatically and the criminal proceedings shall stand revived forthwith, which shall be noted by Petitioner. 4 of 5 33.WP.2107.2026+.doc 12. Writ Petition is allowed and disposed of in the above terms. Interim Application is also allowed and disposed. H. H. SAWANT [ MILIND N. JADHAV, J. ] 5 of 5 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.09.04 11:13:48 +0530