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, Pune1
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(22) WP-1224.26.DOCXfor 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.
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 dated2
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(22) WP-1224.26.DOCX17/02/2026 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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