Sheikh Bismiillah Sheikh Gafur And 3 Others v. The State Of Maharashtra Thr. Pso Ps Nagpuri Gate Amravati Dist.Amravati And Another

2026:BHC-NAG:2852-DB 1 39 APL 310.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION [APL] NO.310 OF 2024 1) Sheikh Bismiillah Sheikh Gafur, Aged 56 years, Occ. Business.

2) Ahfaz Khan Bismillah Khan, Aged about 26 years, Occ.Education.

3) Irfan Khan Raheman Khan, Aged 30 years, Occ. Business.

All R/o. Chaya Nagar, Amravati.

4) Mayur Singh Chouhan, Aged about 39 years, Occ. Worker, R/o. Mahesh Colony, Amravati.

..

Applicants ..Versus..

1) The State of Maharashtra, Through Police Station Officer, Police Station Nagpuri Gate, Amravati, District-Amravati.

2) Farkrunisa Haji Gafur, Aged about 65 years, Occ. Nil, R/o. Mehboob Colony, Amravati, District-Amravati.

.. Non-Applicants ................

Ms. Payal Kaware, Advocate h/f Shri S.A. Mohammad, Advocate for Applicants, Mr. A.M. Ghogare, APP for Non-Applicant No.1/State. Mr. Sagar Y. Rawale, Advocate for Non-Applicant No.2. ...............

2 39 APL 310.24 CORAM : PRAVIN S. PATIL, J.

DATED : 17.02.2026.

JUDGMENT

1.

By this application, the applicants are challenging the registration of offence under Section 294 and 506 read with Section 34 of the Indian Penal Code, vide Crime No.0080/2023 before this court.

2.

It is submitted by the parties that during the pendency of the present application, as the dispute was basically arising out of the property dispute, same has been settled amicably between the parties. The present case is outcome of the said dispute between the parties. However, both the parties want to settle the dispute amicably in the matter.

3.

Applicants and Non-Applicant No.2 are present in the court and identified by their respective counsel. Non-Applicant No.2 has filed the affidavit in the matter dated 10.9.2024 stating therein that the mater is amicably settled between the parties and also clarified that the lodging of complaint was due to misunderstanding created between them. As such, both are

3 39 APL 310.24 willing to maintain the cordial relations between them. Hence, he do not want to prosecute the present applicants. 4.

In view of the judgment of the Hon'ble Supreme Court of India in the case of Narinder Singh and others .vs. State of Punjab and others, reported in (2014) 6 SCC 466, the Hon'ble Supreme Court has laid down the parameters and clarified that if the dispute between the two private parties is settled amicably, then this court can always accept a settlement considering the facts and circumstances of the matter. 5.

Here in the present matter the offence registered against the present applicants is of Sections 294 and 506 r/w 34 of the Indian Penal Code. In my view, there is no impediment to accept the settlement arise between the parties. Accordingly, I proceed to pass the following order :

O R D E R

(1) The application is allowed.

(2) The impugned First Information Report dated 13.02.2023 registered with Non-Applicant No.1 Police Station Officer of Police Station Nagpuri Gate, Amravati vide Crime No.80/2023 under Sections 294, 506 r/w 34 of the Indian Penal Code is hereby quashed and set aside.

4 39 APL 310.24 (3) Both the parties are directed to jointly pay the cost of Rs.10,000/- to be deposited in the account of the 'Public Welfare Account' which is operated in terms of SMPIL No.01/2021 within a period of two weeks. (Pravin S. Patil, J.) Gulande Signed by: A.S. GULANDE Designation: PS To Honourable Judge Date: 18/02/2026 18:50:05