Fahim Usman Qureshi And ORS v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4441 OF 2025 Fahim Usman Qureshi & Ors. .... Petitioners V/s The State of Maharashtra & Anr.

.... Respondents Adv. Adv. Abdul Wahib Shaikh a/w Adv. Aditya Parmar, Adv. Mustaq Shaikh, Adv. Abdullah Siddiqui and Adv. Zeel R. Quereshi for the Petitioners.

Mrs. G. P. Mulekar, APP for the State - respondent no.1 Adv. Gaus Mohd. Shaikh for the respondent no.2. CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE : 24TH SEPTEMBER 2025.

Per, Gautam A. Ankhad, J.

The present Writ Petition is filed under Article 226 and Article 227 of the Constitution of India and section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing, by consent, of the FIR No. 574 of 2025 registered with the Mumbra Police Station under sections 189(2), 190, 118(2), 115(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and the criminal proceeding being RCC No. 2782/2025 pending before the 3rd Joint Civil Judge Junior Division Judicial Magistrate First Class, Thane.

2.

The FIR was registered at the instance of the respondent no. 2 (the original complainant) against the petitioners. The FIR pertained to certain misunderstandings between the petitioners and the respondent no2. Subsequently, the differences and misunderstanding between the applicants and the respondent no.2 has been amicably resolved.

3.

Mr. Gaus Mohd. Shaikh, the learned advocate for respondent no.2 has tendered an affidavit dated 12th September 2025 across the 1/2 WP-4441-2025.doc Dixit

bar recording his no objection to the quashing of the FIR and any proceedings arising therefrom. The same is taken on record and marked "X" for identification.

4.

It is settled law that the Court is empowered to quash the criminal proceedings to prevent the abuse of process of law, particularly, when the complainant no longer supports the complaint. Therefore, continuation of the criminal proceedings would serve no fruitful purpose. In view of the above, Writ Petition No.4441 OF 2025 is allowed in terms of prayer clause (a), which reads as under:- " a) That, this Hon'ble Court be pleased to pass an appropriate writ, order and direction directing the quashing of the entire proceeding of the Criminal Case being Regular Criminal Case No. 2782 of 2025 periding before the 3rd Joint Civil Judge J.D. J.M.F.C. Thane, arisen out of the FIR.No.574/2025 lodged with Mumbra Police Station U/s. 189(2), 190, 118(2), 115(2) of Bharatiya Nyaya Sanhita, 2023 of B.N.S. Act 2023 lodged by the Respondent No.2 on such terms & conditions as this Hon'ble Court may deem fit and proper."

[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] Digitally signed by SNEHA ABHAY DIXIT Date:

2025.09.26 16:44:52 +0530 WP-4441-2025.doc Dixit SNEHA ABHAY DIXIT 2/2