Sikander Nasir Khan And ANR v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.427 OF 2025 SATISH RAMCHANDRA SANGAR 1.

Sikander Nasir Khan Age : 44 Years, Occupation : Service SATISH RAMCHANDRA SANGAR Date: 2025.03.20 18:42:05 +0530 2.

Nazmeen Sikander Khan Age : 42 Years, Occupation : Housewife Both Applicants residing at:- Flat No.703, C/Wing Building No.2, Vastu Rachna CHS Ltd., Gaikwad Nagar, Near Malwani Bus Depot, Malwani Malad West, Mumbai : 400 095.

...Petitioners

Versus

1.

The State of Maharashtra At the instance of Malwani Police Station 2.

Rajesh Pardeshi Kanojia Residing at : 304 B, Building No.3B, Jay Hind CHS, Gate No.8, Samna Nagar, Malwani Malad West, Mumbai : 400095. ...Respondents ***** Ms.Afin Pathan a/w Mr.Rafiq Gori, Mr.Sharin Pathan-Advocates for Petitioners.

Mr.S.V.Gavand - APP for Respondent No.1 - State. Mr.Jayant Bardeskar - Advocate for Respondent No.2. ***** CORAM : SARANG V. KOTWAL & S.M.MODAK, JJ.

DATE : 19th MARCH 2025 P.C. :

1.

This is a Petition filed for quashing of the C.R. No.1652 of 2024 registered at Malwani Police Station on 9th December 2024 under Sections 118(1), 74, 115(2), 352, 189(2), 191(2), 190 of the Bharatiya Nyaya Sanhita, 2023 ("BNS").

2.

The F.I.R. is lodged by the Respondent No.2 in respect of the incident dated 8th December 2024. It arose out of some petty issue, as the Petitioner's son sat on the bike of the Respondent No.2. It is alleged that the Petitioners assaulted the informant's wife and sister. When the informant intervened, somebody from the crowd gave blows on the informant's head. Even, the son was similarly assaulted.

On these allegations, the F.I.R. is lodged.

3.

The investigation is still in progress. Learned APP produced medical certificates of the informant and his son. They have suffered minor CLWs on their head. The injuries are noted as simple injuries.

4.

The matter is now settled between the parties. The informant has filed his Affidavit giving consent for quashing of the proceedings. He is present in the Court. He supported the averments in the Affidavit. Both the parties are residing in the

same society. There was a counter F.I.R. lodged by the Petitioner No.1 against the informant. That F.I.R. is quashed by a separate order passed in another Writ Petition on the ground of settlement between the parties. In the present Petition also, since the matter is settled between the parties, we are inclined to allow this Petition. The parties are residing in the same society. It would be in the interest of both the parties that the prosecution is quashed, so that, they can reside peacefully henceforth. Hence, following order:-

O R D E R

(i) The C.R. No.1652 of 2024 registered with Malvani Police Station and the consequent proceedings arising out of it are quashed and set aside.

5.

With these observations, the Petition is disposed of. (S.M.MODAK, J.) (SARANG V. KOTWAL, J.)