Imran Mukhtar Khan And ORS. v. State Of Maharashtra And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3547 OF 2024 Imran Mukhtar Khan & Ors.

.... Petitioners versus The State of Maharashtra & Ors.

.... Respondents .......

• Mr. Zeeshan I. Khan, Advocate for Petitioners. • Mr. S. K. Ali a/w Shabi Fatma a/w Pratibha Gupta i/b. Asik Ali, Advocate for Respondent Nos.2 and 3.

• Smt. M. H. Mhatre, APP for the State/Respondent.

CORAM

: SARANG V. KOTWAL & DR. NEELA GOKHALE, JJ.

DATE : 23rd OCTOBER, 2024 P.C. :

1.

This Petition is filed for quashing of the FIR registered vide C.R.No.4/2024 at Chunabhatti Police Station u/s 324, 504, 506(2) r/w 34 of the Indian Penal Code.

2.

Heard Mr. Zeeshan I. Khan, learned Counsel for the Petitioners, Mr. S. K. Ali, learned counsel for the Respondent Digitally signed by MANUSHREE NESARIKAR Date:

2024.10.25 10:52:54 +0530 No.2 and Smt. M. H. Mhatre, learned APP for the State. MANUSHREE NESARIKAR Nesarikar

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The FIR is lodged by one Shakeel Ahamed, who is the Respondent No.2 in this Petition. He has described the incident dated 04/12/2023, which had taken place at around 09.30 p.m. on some petty issue that started between the two groups belonging the Respondents and the Petitioners. In that incident, one Raees Khan suffered injuries on his head caused by the Petitioner No.2 with a Bamboo. The informant himself i.e. the Respondent No.2 was given a blow with knife by the Petitioner No.1. On these allegations, the FIR is lodged. 4.

The injury certificate shows that Shakeel has suffered some simple injury on the back and Raees has suffered four simple injuries. The Respondent No.2 Shakeel is in custody in connection with some other offence. He has filed his affidavit, which is affirmed before the Jail Authorities. In that affidavit, he has stated that the matter is settled between the parties and he has no objection for quashing of the FIR.

5.

The other injured Raees is present before the Court. He is identified by the counsel. He has stated that the matter is

3 / 3 settled and he does not want to proceed with the investigation and prosecution. He has no objection for quashing of the FIR. 6.

Learned APP on instructions submitted that there was no further incident between the two groups.

7.

Considering that the parties have settled their dispute and the injuries were simple in nature, in the interest of both the parties, we are inclined to allow this Petition. 8.

Hence, the following order :

O R D E R

(i) The FIR registered vide C.R.No.4/2024 registered with Chunabhatti Police Station, Mumbai and the consequent proceedings, are quashed and set aside.

(ii) The Petition is disposed of.

(DR. NEELA GOKHALE, J.) (SARANG V. KOTWAL, J.)