Jainoddin Raheman Sayyad And Others v. The State Of Maharashtra And Another
2025:BHC-AUG:34131-DB 958(B)-Cri-WP-647-2024.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 647 OF 2024 1.
Jainoddin Raheman Sayyad Age: 83 years, Occ. Business, 2.
Gunduprasad Jainoddin Sayyad Age: 39 years, Occ. Labour, 3.
Mustafa Jainoddin Sayyad Age: 45 years, Occ. Business, 4.
Rafik Jainoddin Sayyad Age: 30 years, Occu. Education All R/o. Sonar Galli, Murud, Tq. & Dist. Latur ... PETITIONERS
VERSUS
1.
State of Maharashtra 2.
Shabbir Chandpasha Sayyad, Age: 50 years, Occ. Agri. & Business, R/o. Muslim Mohalla, Murud, Tq. & Dist. Latur ... RESPONDENTS ....
Mr. V. S. Valse, Advocate for the Petitioners Ms B. B. Gunjal, APP for Respondent No.1 - State Mr. T. M. Venjane, Advocate for Respondent No.2 ....
CORAM : SANDIPKUMAR C. MORE AND Y. G. KHOBRAGADE, JJ.
DATE : December 04, 2025
(( 2 )) PER COURT :- 1.
Leave to amend prayer clause by inserting the number of the criminal proceeding pending before the concerned sessions Court. 2.
The petitioners are seeking quashment of F.I.R. in Crime No.0060 of 2024, registered with Murud Police Station, Taluka and District Latur on 10.02.2024, for the offence punishable under Sections 307, 324,, 323, 504, 506 read with 34 of the Indian Penal Code, along with charge-sheet bearing No.56 of 2024 therein and the criminal proceeding bearing R.C.C. No.1006 of 2024 arising out of it. However, during pendency of this petition, compromise took place between the petitioners and respondent No.2 Shabbir Chandpasha Sayyad i.e. original informant in the aforesaid matter. The said compromise terms had marked "X" for identification and referred to the learned Registrar (Judicial) of this Court for verification of its contents vide order dated 03.12.2025. Accordingly, the learned Registrar (Judicial), submitted it's report dated 03.12.2025, mentioning that the parties have voluntarily entered into compromise and also verified its contents, to be true.
(( 3 )) 3.
On going through the affidavit of compromise terms, it appears that the petitioners and Respondent No. 2 are from the same community and are also close relatives residing in the same village with their family members. It is further noted that both parties have now decided to bury the dispute forever, which had arisen due to sudden provocation and a quarrel. Both of them have now undertaken that they will live peacefully in the future. 4.
Though the learned APP opposed such a compromise in an offence of a serious nature, she fairly admitted that there are no criminal antecedents to the credit of either party. Therefore, considering the undertaking given by the petitioners and respondent No. 2 as aforesaid, there would be no scope for securing a conviction, and the trial would be an exercise in futility. Thus, to continue the proceedings against the petitioners would be an abuse of the process of law.
5.
As such, we accept the terms of compromise and allow the petition in terms of prayer clauses (B) and (B-1), subject to cost of Rs.10,000/-, to be deposited by each of the petitioners in this Court within one week. After such an amount is deposited, the registry shall
(( 4 )) disburse the same in the account of Sawali Children's Home (Sawali Balgruh), M. I. D. C., Nagar Road, Waluj, Chhatrapati Sambhajinagar (Mobile No.9764142261).
6.
Accordingly, the F.I.R. in Crime No. 0060 of 2024, registered with Murud Police Station, Taluka and District Latur on 10.02.2024 for the offences punishable under Sections 307, 324, 323, 504, and 506 read with Section 34 of the Indian Penal Code, along with Charge-sheet No. 56 of 2024 and the criminal proceeding bearing R.C.C. No. 1006 of 2024, is hereby quashed and set aside. [ Y. G. KHOBRAGADE, J. ] [ SANDIPKUMAR C. MORE, J. ] SMS