Vinod Madanlal Talwar Partner of Karma Realty and Anr… — Cheating and Forgery | Bombay HC (2025)

Vinod Madanlal Talwar Partner of Karma Realty and Anr… — Cheating and Forgery | Bombay HC (2025)

What the court decided

AI extract

Outcome

FIR bearing C.R. No.163 of 2025 registered with Bhadrakali Police Station quashed in terms of prayer clause (a); Writ Petition No.3232 of 2025 allowed.

Issue for consideration

Whether the FIR bearing C.R. No.163 of 2025 registered with Bhadrakali police station for offences under Sections 406, 409 and 420 read with 34 of the IPC, alleging misappropriation of funds by the petitioner-partners of Karma Realty, ought to be quashed in view of the amicable settlement between the petitioners and respondent no.2.

Court's answer

Relying on the law laid down by the Hon'ble Supreme Court in Gold Quest International (P) Ltd. v. State of Tamil Nadu (2014) 15 SCC 235, this Court held that it is well empowered to quash and set aside criminal proceedings to prevent miscarriage of justice, particularly in light of civil disputes that are disguised as criminal proceedings.

Ratio / Principle

Since the disputes between the petitioners and respondent no.2 have been amicably resolved (settlement recorded in the Memorandum of Understanding dated 24th July 2025 and confirmed by respondent no.2's affidavit dated 4th November 2025), the FIR C.R. No.163 of 2025 stands quashed and Writ Petition No.3232 of 2025 is allowed in terms of prayer clause (a).

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), per Gautam A. Ankhad, J. (Coram: Chief Justice Shree Chandrashekhar and Gautam A. Ankhad, J.; decided 25 November 2025), allowed Criminal Writ Petition No.3232 of 2025 filed by Vinod Madanlal Talwar and Chandra Vinod Talwar, partners of Karma Realty, and quashed FIR C.R. No.163 of 2025 dated 3rd May 2025 registered with Bhadrakali police station, Nashik, under Sections 406, 409, 420 read with 34 IPC, which alleged misappropriation by the petitioners of funds received from respondent no.2 (Abhijeet Dhananjay Wankhede). The dispute had been settled by a Memorandum of Understanding dated 24th July 2025; respondent no.2's affidavit dated 4th November 2025 recorded the settlement, the deposit of Rs.1,75,000/- by the petitioners into the housing society's bank account pursuant thereto, and his no-objection to quashing. Relying on Gold Quest International (P) Ltd. v. State of Tamil Nadu (2014) 15 SCC 235, the Court held itself well empowered to quash and set aside criminal proceedings to prevent miscarriage of justice, particularly where civil disputes are disguised as criminal proceedings, and quashed the FIR in terms of prayer clause (a).

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO.3232 OF 2025

Vinod Madanlal Talwar

]

Chandra Vinod Talwar ] Partners of Karma Realty, ] Having office at Oshiwara, Mumbai ] .. Petitioners

Versus

State of Maharashtra,

State of Maharashtra, ] Through Bhadrakali Police Station, Nashik ] 2. Abhijeet Dhananjay Wankhede, ] R/o. Dwarka, Bhadrakali, Nashik ] .. Respondents

Mr. Mohammed Zain Khan, Advocate for the Petitioners. Mr. K.V. Saste, Additional Public Prosecutor for Respondent No.1. Mr. Danisk Ansari, i/by Mr. Akshay Deshmukh, Advocates for Respondent No.2.

CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J. DATE : 25^TH NOVEMBER 2025.

PER, GAUTAM A. ANKHAD, J. :

The present petition is filed seeking quashing of the FIR bearing C.R. No.163 of 2025 dated 3^rd May 2025 registered with Bhadrakali police station for offences punishable under sections 406, 409, 420 read with 34 of the Indian Penal Code, 1860.

The FIR alleges that the petitioners who are partners in a firm carrying on the business of real estate have misappropriated funds that they had received from the respondent no.2. The parties have now amicably settled the dispute between them. The settlement between the parties is recorded in the Memorandum of Understanding dated 24^th July 2025.

Mr. Ansari, the learned counsel for the respondent no.2 has

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tendered an affidavit dated 4^th November 2025 across the bar which records that the respondent no.2 has settled his differences with the petitioners and has no objection to quashing of the said FIR. It is recorded in the affidavit that the petitioners have deposited an amount of Rs.1,75,000/- in the bank account of the housing society as per the terms of the Memorandum of Understanding dated 24^th July 2025. The affidavit is taken on record and attached at appropriate place. The parties are present in the Court and identified by their respective counsel. The parties have affixed their signatures and recorded their appearance in their own handwriting. The appearance of the parties and copies of their Aadhaar cards are taken on record.

Since the disputes between the petitioners and the respondent no.2 have now been amicably resolved, as per the law laid down by the Hon’ble Supreme Court in the case of Gold Quest International (P) Ltd. v. State of Tamil Nadu (2014) 15 SCC 235, the Court is well empowered to quash and set aside criminal proceedings to prevent miscarriage of justice, particularly in light of civil disputes that are disguised as criminal proceedings. In view of the above, Writ Petition No.3232 of 2025 is allowed in terms of prayer clause (a) which reads as:

“(a) This Hon’ble Court be pleased to quash the FIR bearing C.R. No.0163 of 2025 dated 3^rd May 2025 registered u/s. 406, 409, 420 r/w. 34 with Bhadrakali Police Station on such suitable terms and conditions as this Hon’ble Court may deem fit in the facts and circumstances of the present case.”

[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ]

Digitally signed by SNEHA SNEHA ABHAY ABHAY DIXITDate: 47-WP-3232-2025.doc DIXIT 2025.12.02 12:18:42 +0530

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