Bombay High Court
Aman Arun Jain And Anr vs The State Of Maharashtra And Anr on 15 October, 2025
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
2025:BHC-AS:45731
Digitally
signed by
908-WP-1938-2024.doc
RUPALI
RUPALI RAJESH
RAJESH WAKODIKAR
WAKODIKAR Date:
2025.10.17
17:14:10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
+0530
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 1938 OF 2024
1) Aman Arun Jain
Age : 29 years; Occ : Business
Residing at 4002, Lodha Bellissimo,
40th Floor, NM Joshi Marg,
Apollo Mill Compound, Mahalaxmi,
Mumbai - 400 011.
2) Abhilash Gyan Chordia
Age : 31 years; Occ : Business
Residing at 1901, One Avighna Park
19th Floor, M.P. Marg, Lower Parel,
Mumbai 400 012. ...Petitioners
Versus
1) The State of Maharashtra
(Through Santacruz Police Station)
2) Angad Sethi
24, Chowdhry Villa, Santacruz (W),
Mumbai - 400 054. ...Respondents
Mr. Sanjay Rego a/w Mr. Shreyas Maheswari for the
Applicant/Petitioner.
Mrs. P.P.Shinde, Addl.P.P for the Respondent-State.
Mr. Heanike Vyas for the Respondent No.2.
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PSI - Mr. Rahul Kokate attached to Santacruz Police Station, Mumbai,
present.
CORAM : REVATI MOHITE DERE &
SANDESH D. PATIL, JJ.
DATE : 15th OCTOBER, 2025
ORAL JUDGMENT (PER REVATI MOHITE DERE, J.)
1. Heard learned Counsel for the parties.
2. Rule. Rule is made returnable forthwith with the consent of the parties and is taken up for final disposal.
3. Learned A.G.P waives notice on behalf of the respondent No.1 and Mr. Vyas waives notice on behalf of the respondent No.2.
4. By this petition, the petitioners seek quashing of the FIR registered vide C.R.No. 571 of 2017 with the Santacruz Police Station, Mumbai as well as the chargesheet filed in the said C.R and consequently, the proceeding which is pending before the learned Metropolitan Magistrate, 71st Court, Bandra i.e. the Police Case No. Wakodikar 2/7 ::: Uploaded on - 17/10/2025 ::: Downloaded on - 18/10/2025 00:27:06 ::: 908-WP-1938-2024.doc 200 of 2020.
5. Learned Counsel for the petitioners states that the parties have amicably settled their disputes and that the petitioner's have tendered an apology to the respondent No.2 for their action. Learned Counsel for the petitioner submits that in this view of the matter, considering the nature of dispute and the Judgments of the Apex Court in this regard, the FIR/chargesheet and subsequently, the proceeding pending before the learned Metropolitan Magistrate, Bandra, be quashed and set aside.
6. Learned Counsel for the respondent No.2 has tendered an affidavit of the respondent No.2 - Angad Sethi (Original Complainant) dated 15th October, 2025. The said affidavit is taken on record. In paras 4 to 7, it is stated as under :
"4. I state that I had lodged the FIR as there were certain misunderstandings against Applicants, however the same came to be resolved amongst the parties amicably and mutually and the aforesaid misunderstanding which led to the filing of the present FIR were addressed and resolved.Wakodikar 3/7 ::: Uploaded on - 17/10/2025 ::: Downloaded on - 18/10/2025 00:27:06 :::
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5. I therefore further state that I do not wish to proceed with the further proceedings against the Applicants.
6. I state that I do not have any grievance if the said FIR No. 571 of 2023 dated: 22.10.2017 lodged by me at the Santacruz Police Station is quashed and set aside.
7. Therefore, in light of the aforementioned fact, I do not wish to proceed with the criminal proceedings arising out of the FIR mentioned hereinabove. I thereby give my consent for quashing of the said FIR and the said consent is without any force, coercion or any undue influence."
7. The respondent No.2 is present in-person. He has tendered a photocopy of his Aadhar Card. The same is taken on record. He has been identified by his Counsel. When questioned, he re-iterates what is stated by him in the affidavit and states that he has no objection if the FIR/proceeding is quashed, as the matter has been amicably resolved between him and the petitioners.
8. It appears that the FIR came to be registered pursuant to an incident which took place on 11 th September, 2017. According to the respondent No.2, on the said date, at about 3.12 p.m., he received a Facebook message on his mobile phone from a Facebook account Wakodikar 4/7 ::: Uploaded on - 17/10/2025 ::: Downloaded on - 18/10/2025 00:27:06 ::: 908-WP-1938-2024.doc from a person who had impersonated himself to be respondent No.2 and sent a message hurling abuses and Castiest remarks to the respondent No.2. Pursuant to the said abuses and remarks, the respondent No.2 lodged an FIR as against the unknown persons.
9. During the course of investigation, the petitioners were identified as being the person who had sent the said message on Facebook. After investigation, chargesheet was filed against the petitioners and the matter is pending before the learned Metropolitan Magistrate, 71st Court at Bandra, Mumbai.
10. It appears that the parties have amicably settled their dispute and that the respondent No.2 does not wish to proceed with the prosecution against the petitioners in view of the amicable settlement between them.
11. Considering the nature of allegations, the amicable settlement between the parties, the affidavit of the respondent No.2 Wakodikar 5/7 ::: Uploaded on - 17/10/2025 ::: Downloaded on - 18/10/2025 00:27:06 ::: 908-WP-1938-2024.doc and the judicial pronouncement in this regard, we do not find any impediment in allowing the petition.
12. Petition is accordingly allowed. The FIR registered vide C.R.No.571 of 2017 with the Santacruz Police Station, Mumbai and the Chargesheet and proceeding pending before the learned Metropolitan Magistrate, 71st Court, Bandra, being Police Case No.200 of 2020 are quashed and set aside.
13. Each of the petitioners to deposit costs of Rs.25,000/- with the Mumbai Police Welfare Fund having a/c No. 465010100008693, IFSC Code No. UTIB0000465, within four weeks from today.
14. Rule is made absolute on the aforesaid terms and the petition stands disposed of accordingly.
15. Matter to be listed under the caption 'For Recording Compliance' on 20th November, 2025.
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16. All concerned to act on the authenticated copy of this order.
SANDESH D. PATIL, J. REVATI MOHITE DERE, J. Wakodikar 7/7 ::: Uploaded on - 17/10/2025 ::: Downloaded on - 18/10/2025 00:27:06 :::