Ricky Tarandeep Marwaha v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.575 OF 2025 Ricky Tarandeep Marwaha ] .. Applicant Vs.
1. The State of Maharashtra, ] Through Khar Police Station, Mumbai.
]
2. Fahan Kayum Ali Siddiqui ] (as per Charge Sheet) ] Mohammad Yusuf Kayumali Siddiqui ] (present name as per Gazette) ]
3. Mohammed Imran Darugar ] .. Respondents Mr. Wilson K. Jaiswal, Advocate for the Applicant. Mrs. G.P. Mulekar, Additional Public Prosecutor for Respondent No.1-State of Maharashtra.
Mr. Nitesh Kumar Dubey, Advocate for Respondent Nos.2 and 3. Mr. Ricky Tarandeeo Marwaha, the Applicant is present in Court. Mr. Fahan Kayum Ali Siddiqui, Respondent No.2, is present in Court.
Mr. Mohammed Imran Darugar, Respondent No.3, is present in Court.
CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.
DATE : 17TH SEPTEMBER 2025.
Per, Gautam A. Ankhad, J.
The present application is filed under section 482 of the Code of Criminal Procedure, 1973 seeking quashing, by consent, of the First Information Report bearing C.R. No.191 of 2018 registered with the Khar Police Station, Mumbai on 18th May 2018. Subsequently, a charge-sheet bearing number C.C. No.840/PS/ 2019 has been filed on 5th March 2019 before the learned Additional Chief Judicial Magistrate, 9th Court of Bandra, Mumbai. The FIR was registered at the instance of respondent no.2 against the petitioner for the offences under sections 279 and 338 of the Indian Penal Code, 1960.
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2.
We are now informed that the disputes and differences have been amicably resolved. Mr. Nitish Dube, the learned counsel for the respondent nos.2 and 3 relies upon affidavit dated 3rd June 2025 filed in this application and reiterates that his clients who are present in the Court do not wish to proceed with the complaint and subsequent proceedings.
3.
The law is well settled, as held by the Hon'ble Supreme Court in "B.S. Joshi v. State of Haryana" (2003) 4 SCC 675, that the Court is empowered to quash criminal proceedings to prevent abuse of process of law, particularly, when the complainant no longer supports the complaint. In the present case, the disputes have been amicably resolved. In view of the above, the continuation of the criminal proceedings will serve no fruitful purpose. Accordingly, Criminal Application No.575 of 2025 is allowed in terms of prayer clause (b) which reads as under :- "(b) This Hon'ble Court may be pleased to quash and set aside the Criminal Proceedings bearing its C.C. No.840/PS/2019 arising out of First Information Report (F.I.R.) bearing its C.R. No.191 of 2018 lodged with Khar Police Station dated 18.05.
2018, presently pending in the file of 09th Court of Ld. Addl. Chief Judicial Magistrate at Bandra, Mumbai for an offence punishable under sections 279 and 338 of IPC, against the above-named applicant, lodged at the instance of present respondent nos.2 & 3 by exercising its inherent power as provided under section 482 of the Code of Criminal Procedure (Section 528 of BNSS)."
4.
Pending application, if any, stands disposed of. [ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] Digitally signed by SNEHA ABHAY DIXIT Date:
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