Wasim Salim Attar And ANR 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. 1154 OF 2025

1. Wasim Salim Attar

2. Azim Amir Attar Shaikh

3. Burhan Anwar Khan .....Petitioners

Versus

1. The State of Maharashtra

2. Mrs. Nasreen Imran Quereshi .....Respondents ----- Mr. Yasin Nabi - Advocate for the Petitioners. Mr. Vishant Rathod i/by Atif Farooqui - Advocate for Respondent No. 2.

Mr. B. V. Holambe - Patil APP for the Respondent-State. Ganesh Bharati (PSI) - Bandra Police Station. ----- CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

DATE : 23rd APRIL 2025 P.C. :

1.

This is a petition filed for quashing of the proceedings arising out C.R. No. 458 of 2024 registered at Bandra Police Station under Sections 452, 323, 504 and 506 read with 34 of the Indian Penal Code.

by SEEMA KSHITIJ YELKAR Date:

2025.04.28 17:09:23 +0530 SEEMA KSHITIJ YELKAR

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2.

The F.I.R. is lodged on 24.03.2024. The incident is dated 23.03.2024. At around 4.00 p.m., there was dispute in the society regarding redevelopment which was to be carried out by SRA. The incident was a fall out of that dispute which had taken place at around 6.00 p.m.. On that date, the informant's husband had returned home at around 06.00 p.m.. At that time, the Petitioners entered the informant's house and tried to climb to the first floor of the house, but the informant stopped them. She was assaulted. The other people from the locality helped the first informant to remove the Petitioners from the house. On these allegations, the F.I.R. is lodged.

3.

The charge-sheet contains the statement of the informant's husband supporting her case. Now the Parties have settled the dispute. The Respondent No. 2-first informant has filed her consent affidavit. She has stated in the affidavit that the F.I.R. was lodged because of the misunderstanding between the parties, but now the Parties have settled their dispute. She has given her no objection for quashing of the proceedings. She is present in the Court. She is identified by her learned counsel. She stated before the Court that she has no objection for quashing of these proceedings.

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4.

The incident appears to be petty and minor. The parties have now settled their dispute. The Respondent No. 2 has given her no objection for quashing of the proceedings. It would be in the interest of the parties that the prosecution be quashed. Therefore, we are inclined to allow the 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. 458 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.)