Prashant Radheyshyam Maurya v. State Of Maharashtra And ANR

SNEHA ABHAY DIXIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION by SNEHA ABHAY DIXIT Date: 2025.09.23 14:34:41 +0530 CRIMINAL WRIT PETITION NO.4824 OF 2025 Prashant Radheyshyam Maurya .. Petitioner Vs.

The State of Maharashtra, Through Nalasopara Police Station and Anr.

.. Respondents Mr. Anand Mishra, i/by Mr. Ashok B. Saraogi, Advocates for the Petitioner.

Mr. J.P. Yagnik, Additional Public Prosecutor for Respondent No.1. Mr. Raju Mistry, Advocate for Respondent No.2. Mr. Prashant R. Maurya, the Petitioner is present in Court. Ms. Nisha Madhuri Massey, Respondent No.2 is present in Court. CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE : 18TH SEPTEMBER 2025.

Per, Gautam A. Ankhad, J.

Mentioned and taken out of turn.

2.

The First Information Report bearing No.300 of 2025 registered with the Nalasopara Police Station pertains to a property dispute. Subsequently, the disputes between the petitioner and the respondent no.2 have been amicably resolved. 3.

Mr. Raju Mistry, the learned counsel for the respondent no.2 tenders the consent affidavit dated 18th September 2025 across the Bar recording his no objection to the quashing of the First Information Report and any proceedings arising therefrom. The same is taken on record and marked "X" for identification. He also confirms that the petitioner has handed over in Court and the respondent no.2 has received the original Demand Draft of 1/2 18-WP-4824-2025.doc Dixit

Rs.1,67,515/- drawn on Indian Bank through its Mira Road Branch. A copy of the Demand Draft No.978038 dated 17th September 2025 is taken on record and marked "X-1" for identification. 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. In the present case, the disputes have been amicably settled. Therefore, continuation of criminal proceedings will serve no purpose. In view of the above, Writ Petition No.4824 of 2025 is allowed in terms of prayer clause (a), which reads as under :- "(a). That this Hon'ble Court be pleased to issue appropriate writ, order and direction directing the quashing of the FIR No.300 of 2025 registered by the respondent no.1 under the provisions of sections 331(3), 331(4), 305 of B.N.S. registered at the instance of the respondent no.2 on such terms as this Hon'ble Court may deem fit and proper." 4.

Interim Application, if any, stands disposed of. [ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] 2/2 18-WP-4824-2025.doc Dixit