Abbas E Bootwala vs State Of Maharashtra And Anr on 17 March, 2026

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    Bombay High Court

    Abbas E Bootwala vs State Of Maharashtra And Anr on 17 March, 2026

       2026:BHC-AS:13517
                Digitally signed
                by LAXMIKANT                                                           (22) WP-1224.26.DOCX
                GOPAL
    LAXMIKANT   CHANDAN
    GOPAL       Date:
    CHANDAN     2026.03.18
                21:48:51
                                                                                                            lgc
                +0530
    
                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CRIMINAL APPELLATE JURISDICTION
    
                                               CRIMINAL WRIT PETITION NO.1224 OF 2026
    
                                    Abbas Bootwala                      : Petitioner.
                                          Versus
                                    State of Maharashtra and anr.       : Respondents.
                                    ______________________________________________________
    
                                    Mr. Punit Gehi (Through V.C.) a/w Mr. Rabdul Rahman for the
                                    Petitioner.
                                    Ms. Pallavi N Dabholkar, APP for the Respondent/State.
                                    Mr. Vishal Dhasade for the Respondent No.2.
                                    ______________________________________________________
    
                                                                  CORAM : ASHWIN D. BHOBE, J.
    

    DATED : 17 March 2026
    PC:-

    1. Heard Mr. Puni Gehi (through V.C.), learned Advocate
    for the Petitioner, Ms. Pallavi Dabholkar, learned APP for the
    Respondent/State and Mr.Vishal Dhasade, learned Advocate
    for Respondent No.2.

    2. This Petition under Article 226 of the Constitution of
    India and under Section 528 of the Bhartiya Nagarik Suraksha
    Sanhita, 2023 is preferred by the Petitioner for quashing the
    FIR bearing No.0771 of 2025 dated 16 November 2025
    (impugned FIR) registered with Yerwada Police Station, Pune

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    for the offences punishable under Sections 417, 418, 465 and
    468 of the Indian Penal Code.

    3. The Petitioner is present in the Court and is identified by
    his Advocate Mr. Punit Gehi. He tenders the Photostat copies
    of the Petitioner’s Identity Card, which is taken on record and
    marked as “X-Colly” for identification.

    SPONSORED

    4. Respondent No.2 is present in the Court and is
    identified by his Advocate Mr. Vishal Dhasade. He tenders the
    Photostat copy of the Respondent No.2’s Identity Card, which
    is taken on record and marked as “X-1” for identification.

    5. Mr. Vishal Dhasade states that the Affidavit dated 02
    March 2026 affirmed by Respondent No.2 before the Notary
    Daulat Ganpatrao Hinge is placed on record, the same is
    marked as “X-2” for identification.

    6. Respondent No. 2 states that the said Affidavit (X-2) is
    filed out of his own free will and without any pressure or
    coercion from any person. He states that the contents of the
    Affidavit (X-2) are as per his say. He reiterates his no objection
    for quashing of the criminal proceedings.

    7. Mr. Punit Gehi and Mr. Vishal Dhasade refer to and rely
    upon paragraphs 5, 6, 7 and 8 of the Affidavit (X-2) which are
    reproduced herein below in verbatim :-

    5. I say that after discussions and deliberations,
    the disputes between myself and the Petitioner have been
    amicably resolved. Consent Terms have been executed
    between us recording the amicable settlement dated

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    17/02/2026 and 25/02/2026. Accordingly, on
    17/02/2026 in a Special Civil Suit No.374/2018 in the
    matter between Mrs Shamim Bootwala vs Mr Arthur
    Fernandes, Mrs Henriatta Fernandes and Captain
    Radhkrishna Alevoor, duly signed Consent Terms have
    been filed in the Hon’ble Civil Judge, Sr Deivison, Pune.

    Both parties being present before it. The Hon’ble Court has
    taken on record the said Consent Terms filed along with
    the application and list of documents. Copy of the said
    Consent Terms dated 17/02/2026 entered upon us hereto
    annexed and marked as Annexure “A”. Similarly, Consent
    Terms dated 25/02/2026 were also filed in RCS 907/2017
    before the Civil Judge, PMC Court, Pune, which is hereto
    annexed and marked as Annexure “B”. The Petitioner has
    undertaken to settle both the above cases.

    6. I say that in view of the amicable settlement
    arrived at between the parties, no grievance or complaint
    now survives against the Petitioner in respect of the
    subject matter of FIR No. 0771/2025.

    7. I hereby state that I have no objection
    whatsoever if FIR No. 0771/2025 dated 16/11/2025
    registered with Yerwada Police Station, Pune and all
    consequential proceedings arising therefrom are quashed
    and set aside by this Hon’ble Court.

    8. I further state that this affidavit is being executed
    voluntarily. without any force, coercion, threat, undue
    influence or pressure from any person whatsoever.”

    8. Mr. Punit Gehi and Mr. Vishal Dhasade submit that the
    subject matter of the impugned FIR was the dispute in respect
    of two members of the society one was holding the post of
    chairman and other was the Member of the society. They
    submit that the dispute between the Petitioner and the
    Respondent No.2 arose in respect of use of the premises for
    commercial/residential purpose. The said dispute resulted in
    the Respondent No.2 filing a complaint against the Petitioner
    which got registered as the impugned FIR. They submit that

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    the said dispute between the Petitioner and the Respondent
    No.2 is amicably resolved between them and the Respondent
    No.2 has given his no objection for quashing of the criminal
    proceedings. They submit that the parties have in fact entered
    into consent terms in respect of the matter pertaining to the
    society. They submit that the dispute between the Petitioner
    and the Respondent No.2 was settled before the Civil Judge
    Senior Division Pune in Special Civil Suit No.374 of 2018
    upon filing of consent terms. They tender a photostat copy of
    the consent decree dated 25 February 2026 passed by the
    Court in Special Civil Suit No.374 of 2018, the same is taken
    on record and marked X-3 for identification. They further
    tender consent terms by which the Petitioner as well as the
    Respondent No.2 have amicably resolved the matter, the same
    is taken on record and marked X-4 for identification. On the
    basis of aforesaid contentions they request for quashing of the
    impugned FIR.

    9. Ms. Pallavi Dabholkar, learned APP for the
    Respondent/State submits that the dispute being between the
    two members of the same society, and the said members
    having amicably resolved the dispute which is evident from
    documents at X-3 and X-4 and statement made by the
    Respondent No.2 in his Affidavit (X-2), she has no objection
    for quashing of the impugned FIR. She however states that
    costs may be imposed on the Petitioner and the Respondent
    No.2 for using police machinery to settle the dispute which
    otherwise was of a civil nature.

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    10. Considering the above mentioned facts, the submissions
    of the learned Advocates for the parties, the nature of the
    dispute being civil in nature which dispute was settled in
    Special Civil Suit No.374 of 2018 and the no objection given
    by the Respondent No.2 in his Affidavit (X-2), no useful
    purpose would be served in continuing the criminal
    proceedings. Having regards to the pronouncements of the
    Hon’ble Hon’ble Supreme Court in Gian Singh vs State Of
    Punjab1
    , Narinder Singh And Ors vs State Of Punjab And Anr 2
    and Parbatbhai Aahir @ Parbatbhai vs The State Of Gujarat 3,
    there is no impediment in allowing this Writ Petition.

    11. In view of the above, Criminal Writ Petition No.1224 of
    2026 is allowed in terms of prayer clause (a) subject to
    payment of costs of Rs.25,000/- by the Petitioner and
    Rs.25,000/- by the Respondent No.2. Payment of costs is a
    condition precedent. Consequently, the impugned FIR is
    quashed.

    12. The Petitioner and the Respondent No.2 shall deposit
    their respective costs in the below mentioned Account within
    a period of two weeks from today and file in the Registry of
    this Court the compliance affidavit along with the proof of
    deposit on or before 02 April 2026.

    Account Name : Armed Forces Battle Casualties Welfare Fund
    Account Number : 90552010165915
    1
    2012 10 SCC 303
    2
    2014 6 SCC 466
    3
    2017 9 SCC 641

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    Bank Name : Canara Bank
    Branch : South Block, Defence Headquarters New Delhi-

    110011
    IFSC Code : CNRB0019055

    13. The Writ Petition/Criminal Application No.1224 of 2026
    is disposed of.

    (ASHWIN D. BHOBE, J.)

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