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Bombay High CourtWP/6470/2025disposed off

Faisal Firoz Shaikh And ANR v. State Of Maharashtra And ANR

2026-01-17Hon'Ble Shri Justice Ranjitsinha Raja Bhonsale3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 6470 OF 2025 Faisal Firoz Shaikh and Anr.

... Petitioners Vs.

State Of Maharashtra and Anr.

... Respondents.

_______________________________ Ms. Maya S. Updeshe a/w Mr. Vipul Ghate Advocate for the Petitioners. Mr. S.V. Walve, APP for the Respondent-State. Mr. Nagraj Tarade i/b Ms. Vrushali Kabre Advocates for Respondent No. 2. Mr. Saifan S. Kusane PSI, Sir JJ Marg Police Station is present. _______________________________

CORAM

: RANJITSINHA RAJA BHONSALE , J.

DATED : 17th JANUARY, 2026.

P. C. :- 1.

By the present Petition, Petitioners seek to quash and set aside F.I.R. No. 0382 of 2024, registered with the J.J. Marg Police Station on 10th August, 2024, for offences under Sections 305(A) and 331 of the Bharatiya Nyaya Sanhita and the resultant chargesheet/criminal proceedings bearing Case No. 1468/PW/2024.

2.

Learned Advocate for the Petitioners submits that the F.I.R. has been filed by Respondent No. 2, i.e., the mother of the accused persons under Sections 305(a), 331(1) of the BNS 2023. Learned Advocate for the Petitioners submits that the parties have amicably settled the matter. The 1/3

issues and disputes between the parties have been resolved amicably. 3.

Learned Advocate for Respondent No. 2 has tendered an Affidavit of Respondent No. 2, dated 8th January, 2026, duly notarized before a Notary Public. In paragraph 6 of the said affidavit, Respondent No.2 has stated that she has no grievance against Petitioner Nos. 1 and 2, her sons, and does not want to proceed with the matter. In Para 7 of the Affidavit, the Respondent No. 2 has stated that, her children are pursuing their studies and that she is desiring that they pursue further higher studies. In paragraph 8, the Respondent No. 2 has specifically stated that she has no dispute with the Petitioners and that she is ready to withdraw the allegations. In para 9, the Respondent No. 2 has specifically given her no objection to quashing the proceedings in Case No. 1468/PW/2024 in C.R. No. 0382/2024 pending before the Judicial Magistrate First Class, 69th Court, at Sewri, Mazgoan.

4.

The parties involved are related in as much as Petitioner Nos. 1 and 2 are the sons of the Respondent No.2. The parties have amicably settled the disputes. The disputes seem to have arisen due to some misunderstanding. Considering aforenoted facts and particularly the fact that the parties are from the one and same family, I am inclined to quash the proceedings bearing Case No. 1468/PW/2024, FIR bearing No. 0382 of 2024, registered with the JJ Marg Police Station. 2/3

5.

Learned APP, on instructions from Mr. Saifan S. Kusane (PSI), states that the property in question has been recovered and the parties have been made aware of the procedure to be followed for its disposal. 6.

In view of the above, the Petition is allowed in terms of prayer clause (b).

(RANJITSINHA RAJA BHONSALE, J.) 3/3