Kunal Sushil Gupta v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4541 OF 2025 Kunal Sushil Gupta, ] R/o. Mira Road (East), Dist. Thane ] .. Petitioner

Versus

1. The State of Maharashtra, ] Through Mira Road Police Station ]

2. Kazi Mohd. Farooque Abdul Kadar, ] R/o. Mira Road (East), Dist. Thane ] .. Respondents Mr. Sanjeev S. Hariakar, Advocate for the Petitioner. Mr. J.P. Yagnik, Additional Public Prosecutor for Respondent No.1. Ms. Suparna Holmagi, Advocate for Respondent No.2. Mr. Kunal Sushil Gupta - Petitioner, Present in Court. CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE : 16TH OCTOBER 2025.

Per Gautam A. Ankhad, J.

The Petitioner has filed the present Criminal Writ Petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking quashing of C.R No. 0207 of 2025 registered with Mira Road Police Station under sections 3(5), 115(2), 118(1), and 351(2) of the Bhartiya Nyaya Sanhita, 2023.

2.

The dispute between the parties arose due to an incident on 29th April 2025 involving the pet-dog of the petitioner defecating near the vehicle owned by the respondent no.2. This resulted in an altercation. The matter is thereafter settled between the parties as the applicant has paid medical expenses of Rs.1,50,000/- to the respondent no.2.

3.

The respondent no.2 had filed an affidavit dated 24th July, Digitally signed by SNEHA ABHAY DIXIT Date:

2025.10.17 16:15:59 +0530 1/2 910-WP-4541-2025.doc Dixit SNEHA ABHAY DIXIT

2025 wherein it is recorded that the respondent no.2 has agreed to put an end to all litigations and differences along with the disputes under the present FIR. It also records the respondent no.2's consent to the quashing of the FIR and any proceedings arising therefrom. Ms. Holmagi, the learned counsel for the respondent no.2 reiterates her client's no objection to the unconditional withdrawal and quashing of FIR. The said affidavit is annexed to this petition and is at "Exhibit - A" to the petition.

4.

As per the law laid down by the Hon'ble Supreme Court in the case of "Naushey Ali v. State of U.P., (2025) 4 SCC 78", the Court is empowered to quash and set aside criminal proceedings when the dispute is put to an end and peace is restored. In view of the above, Writ Petition No.4541 of 2025 is allowed in terms of prayer clause (a) and is disposed of accordingly.

[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] 2/2 910-WP-4541-2025.doc Dixit