Mudassar Muzafar Ali Vs the State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

Mudassar Muzafar Ali Vs the State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Criminal Application allowed in terms of prayer clauses 'A-1' and 'A-2'; criminal proceeding R.C.C. No.37/2020 arising out of F.I.R./Crime No.409/2018 registered with City Police Station, Nandurbar, quashed and set aside, subject to cost of Rs.10,000/- payable to the Registry of the Court within two weeks.

Issue for consideration

Whether the criminal proceeding R.C.C. No.37/2020 arising out of F.I.R./Crime No.409/2018 (offences punishable under Sections 418, 420, 120B, 504, 506 read with 34 IPC) should be quashed in view of the amicable settlement between the Applicant and Respondent No.2.

Court's answer

The dispute between the Applicant and Respondent No.2 is of a personal nature arising out of a financial transaction between them; considering the ratio laid down by the Hon'ble Supreme Court in Madan Mohan Abbot v. State of Punjab, (2008) 4 SCC 582, permission to compromise the matter can be granted.

Ratio / Principle

The criminal proceeding R.C.C. No.37/2020 arising out of F.I.R./Crime No.409/2018 dated 02.12.2018 registered with City Police Station, Nandurbar, pending before the learned Chief Judicial Magistrate, Nandurbar, is quashed and set aside, subject to payment of cost of Rs.10,000/- to the Registry of this Court (for utilisation of the medical dispensary) within a period of two weeks.

Detailed headnote1 paragraphs

Criminal Application allowed; FIR and consequential proceedings quashed upon amicable settlement — The High Court of Judicature at Bombay, Bench at Aurangabad (Sandipkumar C. More and Mehroz K. Pathan, JJ., per court, 9 October 2025) allowed Criminal Application No.906 of 2019 filed by Mudassar Muzafar Ali seeking quashment of F.I.R./Crime No.409/2018 dated 02.12.2018 (City Police Station, Nandurbar) for offences under Sections 418, 420, 120B, 504, 506 read with 34 IPC and of R.C.C. No.37/2020 pending before the Chief Judicial Magistrate, Nandurbar. During pendency, the Applicant and Respondent No.2/informant Ashok Vasantlal Chaudhari amicably settled their personal dispute arising out of a financial transaction, the Applicant agreeing to pay Rs.20,00,000/- in all (Rs.18,00,000/- already paid per the Investigating Officer's report and the balance Rs.2,00,000/- tendered by demand draft dated 06.10.2025). Considering the ratio in Madan Mohan Abbot v. State of Punjab, (2008) 4 SCC 582, the Court permitted the compromise and quashed and set aside the proceedings, subject to cost of Rs.10,000/- to the Registry (medical dispensary) payable within two weeks.

2025:BHC-AUG:28525-DB

1 919.Cri.Appln.906-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 906 OF 2019

MUDASSAR MUZAFAR ALI VERSUS

THE STATE OF MAHARASHTRA AND ANR

Advocate for Applicant : Mr. Shaikh Majit S. APP for Respondent/State : Mr. A.V. Lavte Advocate for Respondent No.2 : Mr. Kochar Mahendra G.

CORAM : SANDIPKUMAR C. MORE AND MEHROZ K. PATHAN, JJ.

Dated : 9^th October 2025

PER COURT :

By way of this application, the Applicant is seeking quashment of F.I.R./Crime No.409/2018 dated 02.12.2018 registered with City Police Station, Nandurbar for the offences punishable under Sections 418, 420, 120B, 504, 506 read with 34 of the Indian Penal Code alongwith criminal proceeding arising out of the same bearing R.C.C. No.37/2020 presently pending before the learned Chief Judicial Magistrate, Nandurbar.

However during the pendency of the application, an amicable settlement took place between the Applicants and Respondent No.2/Ashok Vasantlal Chaudhari i.e. Informant. Today, learned Counsel for Respondent No.2/Informant has placed on record affidavit-in-reply of Respondent No.2 alongwith a copy of

2 919.Cri.Appln.906-2019.doc

demand draft for an amount of Rs.2,00,000/- drawn on State Bank of India dated 06.10.2025.

On perusal of the said affidavit, it appears that the Applicant and Respondent No.2 have amicably settled their dispute and the Applicant agreed to pay total amount of Rs.20,00,000/-, out of which amount of Rs.18,00,000/- was already paid to Respondent No.2 as per the report submitted by the Investigating Officer. Today, learned Counsel for the Applicant has handed over the demand draft bearing no.016436 dated 06.10.2025, drawn on State Bank of India, High Court branch, Aurangabad, for an amount of Rs.2,00,000/- to the learned Counsel of Respondent No.2.

Further it appears that the dispute between the Applicant and Respondent No.2 appears to be of personal nature arising of the financial transaction between them and therefore considering the ratio laid by the Hon’ble Supreme Court in the matter of Madan Mohan Abbot Vs. State of Punjab , reported in (2008) 4 SCC 582, the permission to compromise the matter can be granted.

In view of the same, the Criminal Application stands allowed in terms of prayer clause ‘A-1’ and ‘A-2’. Accordingly the criminal proceeding bearing R.C.C. No.37/2020 arising out of the F.I.R./Crime No.409/2018 dated 02.12.2018 registered with City Police Station, Nandurbar for the offences punishable under Sections 418, 420, 120B, 504, 506 read with 34 of the Indian Penal Code, presently

3 919.Cri.Appln.906-2019.doc

pending before the learned Chief Judicial Magistrate, Nandurbar, are hereby quashed and set aside subject to cost of Rs.10,000/- to be paid to the Registry for utilization of medical dispensary of this Court within a period of two weeks.

MEHROZ K. PATHAN JUDGE

SANDIPKUMAR C. MORE JUDGE

NAJEEB..