Imran Jameel Qureshi And ORS v. State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1150 OF 2025

1. Mr. Imran Jameel Qureshi

2. Shaibaz Mohd. Ayaz Qureshi

3. Tousif Jameel Quereshi

4. Zoeb Mohd. Ayaz Qureshi .....Petitioners

Versus

1. The State of Maharashtra

2. Mr. Tahir Vilayatali .....Respondents ----- Mr. Yasim Nabi - Advocate for the Petitioners. Mr. Vishant Rathod i/by Atif Farooqui - Advocate for Respondent No. 2.

Mr. Y. M. Nakhwa - APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

DATE : 23rd APRIL 2025 P.C. :

1.

This is a petition for quashing of the proceedings arising out of C.R. No. 456 of 2024 registered at Bandra Police Station under Sections 452, 323, 504 and 506 read with 34 of the Indian Penal Code.

2.

The investigation is over and the charge-sheet is already filed. The prayer is made for quashing of the F.I.R. proceedings. The F.I.R. by SEEMA KSHITIJ YELKAR Date:

2025.04.28 17:09:24 +0530 SEEMA KSHITIJ YELKAR

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is lodged by the Respondent No. 2 on 23.03.2024. It is mentioned in the F.I.R. that both the Parties are residing in the same Society. The property was to be redeveloped and therefore, SRA was conducting survey. The incident occurred on 23.03.2024. At that time, the Petitioner Nos. 1 and 2 had threatened the informant at around 3.30 p.m.. The incident which is subject matter of the F.I.R. took place at 7.30 p.m.. There are allegations that the Petitioners came to the shop of the first informant. He was abused and was beaten. There was damage to some articles in the shop including the counter. They had gone to the informant's house and had also beaten his wife and sister-in-law. On these allegations the F.I.R. is lodged. 3.

The charge-sheet contains statements of the witnesses Halima and Saida as well as the informant's brother who have supported the case of the informant. Now the Parties have settled the matter. The informant has filed his affidavit-in-reply giving consent for quashing of the proceedings. It is mentioned that the matter is settled between the Parties and the F.I.R. was lodged because of some misunderstanding. It is prayed by the informant that the chargesheet be quashed. The first informant is present in the Court. He is identified by her learned counsel. He reiterated the contents of the

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affidavit. He stated that he has no objection for quashing of the present proceedings.

4.

We have considered these submissions. The dispute between the parties is petty and minor. The dispute is settled. The society at large is not involved. The parties have settled their dispute. They are residents of the same locality. It would be in the interest of all parties concerned that the prosecution is quashed. Therefore, we are inclined to allow this petition. Hence, the following order :-

ORDER

(i) The Writ Petition is allowed.

(ii) The F.I.R. registered against the present Petitioners vide C.R. No. 456 of 2024 at Bandra Police Station under Sections 452, 323, 504 and 506 read with 34 of the Indian Penal Code and the consequent proceedings are quashed and set aside.

5.

Accordingly, the Writ Petition is disposed of. (S.M. MODAK, J.) (SARANG V. KOTWAL, J.)