Siddiqui Ahmed Raza Shermohammed And ORS v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4997 OF 2025 Mr. Siddiqui Ahmed Raza Shermohammed and Ors.

.... Petitioner V/s The State of Maharashtra and Anr.

.... Respondents Mr. Sandesh V. More a/w Mr. Majid Ibje for the petitioner. Mr. J.P. Yagnik, APP for the respondent no.1. Mr. Hemant Ghadigaonkar a/w Mr. Hitendra Gandhi for the respondent no.2.

CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE : 29TH SEPTEMBER 2025.

Per, Gautam A. Ankhad, J.

The present Writ Petition is filed under Article 226 & 227 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing, by consent, of the FIR No. 0346 of 2025 registered with the Pydhonie Police Station under sections 115(2), 118(1), 189(2), 189(4), 190, 191(2), 191(3) and 352 of the Bhartiya Nyaya Sanhita, 2023.

2.

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

3.

The respondent no.2 has filed an affidavit dated 10th September 2025 recording his no objection to the quashing of the 1/2 WP-4997-2025.doc Dixit/LC

FIR and any proceedings arising therefrom.

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.4997 of 2025 is allowed in terms of prayer clause (b), which reads as under:- "(b) By appropriate Writ and/or directions of this Hon'ble Courthe FIR bearing C.R. No.346 of 2025 dated 16.05.2025 under sections 115(2), 118(1), 189(2), 189(4), 190, 191(2), 191(3) and 352 in The BharatiyaNyayaSanhita, 2023 registered with the Respondent No.1 i.e. Pydhonie Police Station, Mumbai, against the Petitioner, wherein the Petitioner are the Original Accused, may kindly be permitted to compound the said matter with the Original First Informant i.e. the Respondent No.2" [ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] Digitally signed by SNEHA ABHAY DIXIT Date:

2025.10.08 12:41:40 +0530 2/2 WP-4997-2025.doc Dixit/LC SNEHA ABHAY DIXIT