Shoaib Mustafa Shaikh And Others v. The State Of Maharashtra And Another
2025:BHC-AUG:31591-DB 1 of 7 965-Cri.Appln.-4820&4956-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4820 OF 2024 1.
Shoaib Mustafa Shaikh Age : 24 years, Occu: Agriculture/Labor, R/o. Village Bhagur, Tq. Shevgaon, Dist. Ahmednagar.
2.
Sonu s/o Mustafa Shaikh Age : 26 years, Occ: Agriculture R/o : As above.
3.
Firdos s/o Salim Shaikh Age : 30 years, Occ: Labor R/o : As above.
4.
Firoj s/o Salim Shaikh Age : 32 years, Occ: Business R/o : As above.
5.
Mujaffar Salim Shaikh Age : 34 years, Occ: Agriculture R/o : As above.
6.
Najir Hussein Shaikh @ Ladda Age : 36 years, Occ: Business R/o : As above.
... Applicants (Applicant No.1 - Informant in FIR No.350/2021)
Versus
1.
The State of Maharashtra, Through Police Inspector, Shevgaon Police Station, Shevgaon.
2.
Shekhar Arun Garud Age : 20 years, Occu: Labor, R/o. Village Bhagur, Tq. Shevgaon, Dist. Ahmednagar.
... Respondents WITH
2 of 7 965-Cri.Appln.-4820&4956-2024.odt CRIMINAL APPLICATION NO. 4956 OF 2024 1.
Suryakant s/o Sarjerao Garud Age : 25 years, Occu: Education 2.
Sagar s/o Arun Garud Age : 23 years, Occ: Business 3.
Suraj s/o Ravindra Garud Age : 21 years, Occ: Labour 4.
Prasad s/o Mhasu Garud Age : 28 years, Occ: Agriculture 5.
Yoges Balasaheb Waghmare Age : 26 years, Occ: Driver All are R/o. Village Bhagur, Tq. Shevgaon, Dist. Ahmednagar.
... Applicants
Versus
1.
The State of Maharashtra, Through Police Inspector, Shevgaon Police Station, Shevgaon.
2.
Shoaib Mustafa Shaikh Age : 24 years, Occu: Agriculture/Labor, R/o. Village Bhagur, Tq. Shevgaon, Dist. Ahmednagar.
... Respondents (Respondent No.2 - Informant in FIR No.350/2021) ...
* Mr. A.A. Joshi h/f Mr. S.V. Natu, Advocate for Applicants and for Respondent No.2 in Criminal Application No.4820/2024. * Mr. B.B. Kulkarni, Advocate for Applicants and for Respondent No.2 in Criminal Application No.4956/2024. * Mr. Govind A. Kulkarni, APP for Respondent Nos.1-State in both matters.
...
CORAM :
SANDIPKUMAR C. MORE AND MEHROZ K. PATHAN, JJ.
RESERVED ON :
14th OCTOBER 2025 PRONOUNCED ON :
18th NOVEMBER 2025
3 of 7 965-Cri.Appln.-4820&4956-2024.odt O R D E R (Per Mehroz K. Pathan, J.) :- 1.
The Applicants in Criminal Application No.4820/2024 have approached this Court initially for quashing of the First Information Report being FIR No.346/2021 for the offences punishable under Sections 324, 323, 143, 147, 149, 504, 506 of the Indian Penal Code and Section 3(1)(r)(s), 3(2)(v-a) of the Prevention of Atrocities Act registered with Shevgaon Police Station dated 13.06.2021 and resultant charge-sheet/Special Case No.346/2021. The said FIR is sought to be quashed on the ground that the complainant, Shekhar Arun Garud, has amicably resolved the matter with Applicant No.1 and Respondent No.2 through the intervention of senior and elderly members of the village.
The parties have decided to bury the hatchet and live peacefully, as they are old friends and now realize that, due to a trivial issue, they are unnecessarily spending valuable time in litigation. It is therefore prayed that the said FIR may be quashed and set aside. The Respondent/complainant - Shekhar Arun Garud has also filed an affidavit in response and has stated in the affidavit that he does not want to pursue the present complaint and that the compromise terms were already verified by the notary advocate on 11.10.2024, wherein the parties have resolved to settle their dispute once and for all so that they can live peacefully. The said compromise terms are also a part of the present paper-book which is sworn by the parties therein.
4 of 7 965-Cri.Appln.-4820&4956-2024.odt The Respondent therefore prayed that the respective complaints may therefore be quashed and set aside in the interest of justice. 2.
The accused Applicants in Criminal Application No.4956/2024 had likewise approached this Court for quashing of the FIR being FIR No.350/2021, wherein there are seven accused persons and the Applicants are five accused whereas two other accused did not file the present application. The Respondent/complainant - Shoaib had also filed an affidavit in the present application, thereby stating that the complaints were lodged against each other immaturely because of the grudges held by the individuals and now with the intervention of the elderly and reputed members of the village, the parties have resolved to amicably settle the dispute. Therefore the said FIR being FIR No.350/2021 for the offences punishable under Sections 326, 324, 323, 143, 147, 148, 149, 504, 506 of the Indian Penal Code may therefore be quashed and set aside as parties have now resolved to bury the grievance, having realized that due to trivial issues, they are wasting their time and money on litigation. The complainant and the Applicants in the said matter have therefore prayed for quashing of the FIR No.350/2021.
3.
The parties had appeared before this Court and were directed to approach the learned Registrar for verification of the terms of compromise and their identity. The learned Registrar has also
5 of 7 965-Cri.Appln.-4820&4956-2024.odt submitted report on 13.10.2025. The matter was thereafter listed before this Court today on 14.10.2025.
4.
Today also the Court has interacted with the complainant as well as the accused persons in the FIR and has found that the parties have resolved to amicably settle the dispute amongst themselves and though there are serious allegations against each other, the same was a result of a misunderstanding and that now with the intervention of the senior elders of the village, they have decided to cooperate with each other and live peacefully in the neighborhood. 5.
The Hon'ble Supreme Court in the judgment reported in Narinder Singh & Ors Vs State Of Punjab & Anr, 2014 (6) SCC 466, was pleased to hold that while exercising its powers under Section 482 Cr.P.C., the High Court is to examine as to whether the possibility of conviction is remote and bleak. It is also observed by the Hon'ble Supreme Court that the Court shall also consider that the settlement between the parties is going to result in harmony between them which may improve their future relationship.
6.
In the present case, it could be seen that the complainants in both the FIR, who are accused in the counter FIR, are before this Court and have filed their respective affidavits alongwith compromise terms, stating that they do not have any objection for quashing of the FIR and
6 of 7 965-Cri.Appln.-4820&4956-2024.odt the consequent charge-sheet on settlement.
7.
We are therefore of the considered opinion that the continuation of both proceedings would be an exercise in futility, as the chances of conviction are remote and bleak. We are also of opinion that the settlement between the parties is going to result in harmony between them which may improve their future relationship, as it is specifically stated by the Applicants that with the intervention of the senior elders of the Village, they have decided to bury the hatchet and live peacefully in the neighborhood. We therefore find that this is a case wherein we should exercise our inherent powers under Section 482 Cr.P.C. to quash and set aside the respective First Information Reports. Hence we pass the following order :
ORDER
(i) The FIR No.346/2021 for the offences punishable under Sections 324, 323, 143, 147, 149, 504, 506 of the Indian Penal Code and Section 3(1)(r)(s), 3(2)(v-a) of the Prevention of Atrocities Act registered with Shevgaon Police Station dated 13.06.2021 and resultant charge-sheet/Special Case No.346/2021, are quashed and set aside.
(ii) The FIR No.350/2021 for the offences punishable under Sections 326, 324, 323, 143, 147, 148, 149, 504, 506 of the Indian Penal Code registered with Shevgaon Police Station dated 13.06.2021 and resultant charge-sheet/Regular Criminal Case No.324/2021 pending on the file of learned Judicial Magistrate First Class, Shevgaon, are hereby quashed and set aside.
(iii) Both the Criminal Applications are allowed in the aforesaid
7 of 7 965-Cri.Appln.-4820&4956-2024.odt terms on condition that the cost of Rs.20,000/- to be paid to the library of the Government Pleader's office of this Court. (iv) Both the Criminal Applications are disposed of. (MEHROZ K. PATHAN, J.) (SANDIPKUMAR C. MORE, J.) Najeeb