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Judgment
Heard Mr. Vijay Kurle, learned Advocate for the Petitioners, Mr. Sukanta Karmakar, learned APP for the Respondent No.1-State and Ms. Ankita Jain, learned Advocate for Respondent No.2.
Rule. Rule made returnable forthwith and with consent of the parties, heard finally.
By the present Petition, the Petitioners have sought the following substantive relief :-
“(A)This Hon’ble Court may kindly be pleased to cancel, quash and set aside the FIR bearing C. R. No.303 of 2022 for the offence punishable u/s. 420, 406, 341, 506 and 34 of the Indian Penal Code, 1860, registered with the Nayanagar Police Station and the charge sheeting bearing No.347 of 2022 and all other proceedings pending before the Ld. JMFC 8th Court, at Thane consequential to the instant FIR and Chargesheet in the interest of justice.”
Mr. Vijay Kurle, learned Advocate for the Petitioners, tenders a photostat copy of the Judgment dated 5th August 2025, passed by the Division Bench of this Court in Criminal Writ Petition No. 2424 of 2023 (Shri. Vijay L Ghate & Anr. Vs. The State of Maharashtra & anr.), same is taken on record and marked with “X” for identification.
Mr. Vijay Kurle, learned Advocate for the Petitioners, submits that Criminal Writ Petition No.2424 of 2023 was filed by the co-Accused Nos. 4 and 5 in Crime No.303 of 2022. He submits that the Division Bench of this Court, after considering the entire subject matter of FIR bearing Crime No. 303 of 2022, has held that the dispute is a pure civil dispute. He refers to Paragraph No. 11 of the Judgment dated 05 August 2025, which records that the Division Bench of this Court held that a purely civil dispute was converted into a criminal case. He further submits that Respondent No.2 has invoked the Arbitration clause, a fact also referred to in the judgment dated 05 August 2025 in Criminal Writ Petition No.2424 of 2023. He therefore submits that the issue raised in this Petition is squarely covered and answered by the Division Bench of this Court and requests that the same view be followed in the case of the Petitioners, who are Accused Nos. 2 and 3 in Crime No.303 of 2022.
Mr. Sukanta Karmakar, learned APP for Respondent No.1-State, submits that the judgment dated 05 August 2025 in Criminal Writ Petition No.2424 of 2023 squarely addresses the issue raised in this Petition and that this Petition be disposed of on the basis of the said judgment dated 05 August 2025.
Ms. Ankita Jain, learned Advocate for the Respondent No.2, in all fairness, submits that the judgment dated 05 August 2025 passed by the Division Bench of this Court in Criminal Writ Petition No.2424 of 2023, which pertains to the subject matter of the FIR bearing Crime No.303 of 2022, would apply to this Petition and this Petition be disposed on the basis of the said judgement.
Ms. Ankita Jain, learned Advocate for the Respondent No.2 states that the judgment dated 05 August 2025 passed by the Division Bench of this Court in Criminal Writ Petition No.2424 of 2023 is not challenged by the Respondent No. 2.
Perused records and the judgment dated 05 August 2026 passed by the Division Bench of this Court in the case of Vijay L Ghate (Supra).
As submitted by Mr. Vijay Kurle, learned Advocate for the Petitioners, Mr. Sukanta Karmakar, learned APP for the Respondent No.1-State and Ms. Ankita Jain, learned Advocate for the Respondent No.2, the decision in the case of Vijay L Ghate (Supra) squarely applies to the case in hand.
By adopting the reasons recorded in the judgment dated 05 August 2025 in Criminal Writ Petition No. 2424 of 2023, this Petition is allowed in terms of prayer clause (A).
Rule is made absolute in the aforesaid terms. No orders as to costs.
Criminal Writ Petition No.2152 of 2025 is disposed of.