Usman Ahmed Shafik v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.964 OF 2025 Usman Ahmed Shafik ] R/of Dongre Parkar, Kausa, ] Mumbra, Dist. Thane ] .. Applicant
Versus
1. State of Maharashtra, ] Through Mumbra Police Station, Thane ]
2. Yasar Shafique Ansari, ] R/of Talao Pali Road, Kausa, ] Mumbra, Dist. Thane ] .. Respondents Mr. Abdul Wahab Shaikh with Mr. Aditya Parmar and Mr. Mushtaq Shaikh, Advocates for the Applicant. Ms. M.M. Deshmukh, I/c. Public Prosecutor for Respondent No.1. Mr. Khalid Ansari, Advocate for Respondent No.2. CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.
DATE : 18TH SEPTEMBER 2025.
Per, Gautam A. Ankhad, J.
The present Criminal Application is filed under Article 226 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing, by consent, of the First Information Report arising out of CR No. I - 336 of 2018 registered with the Mumbra Police Station, Thane under sections 323, 324, 504, 506 r/w section 34 of the Indian Penal Code, later culminated into Regular Criminal Case No.139 of 2021 presently pending before the Judicial Magistrate, First Class, Thane. 2.
The First Information Report was registered at the instance of the respondent no.2 (the original complainant) against the 1/2 4-APL-964-2025.doc Dixit
applicant. The First Information Report pertained to certain misunderstandings/disputes between the applicant and the respondent no.2.
Subsequently, the differences and misunderstandings between the applicant and the respondent no.2 have been amicably resolved.
3.
Mr. Khalid Ansari, the learned counsel for the respondent no.2 has tendered an 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.
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. In the present case, the disputes have been amicably settled. Therefore, continuation of the criminal proceedings would serve no fruitful purpose. In view of the above, Criminal Application No.964 of 2025 is allowed in terms of prayer clause (a) which reads as under:- "a.
This Hon'ble Court in exercise of its jurisdiction under section 482 of Cr.P.C. / 528 of BNSS be pleased to quash the FIR arising out of CR No. I - 336 of 2018 registered with Mumbra Police Station, Thane under sections 324,323,504,506 read with 34 of Indian Penal Code, later culminated into Regular Criminal Case No.139 of 2021 presently pending before Judicial Magistrate, First Class, Thane be quashed."
[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] Digitally signed by SNEHA ABHAY DIXIT Date:
2025.09.20 18:33:16 +0530 2/2 4-APL-964-2025.doc Dixit SNEHA ABHAY DIXIT