Rabiya Begum Mohd. Sabir Shaikh ... vs The State Of Maharashtra And Anr
2016 Latest Caselaw 4319 Bom

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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CRIMINAL APPELLATE JURISDICTION




                                                                                  
                      CRIMINAL WRIT PETITION NO.2138 OF 2016




                                                          
          Rabiya Begum Mohd. Sabir Shaikh & Ors.                             .. Petitioners

                   V/s.




                                                         
          The State of Maharashtra & Anr.                                    .. Respondents

                                          ......




                                         
          Mr. T.R. Patel, Advocate for the Petitioners.
          Mr. J.P. Yagnik, APP for Respondent - State.
          Mr. M.I. Charoliya, Advocate for Respondent No.2.
                              ig          ......

                                   CORAM : NARESH H. PATIL AND
                            
                                           PRAKASH D. NAIK, JJ.

                                   DATED : AUGUST 1, 2016.
      


          JUDGMENT (Per PRAKASH D. NAIK, J.) :

Rule. Rule is made returnable forthwith.

2 Learned APP waives service for Respondent - State.

3 The petitioners have challenged First Information

Report (for short "FIR") registered with Malwani Police Station

vide CR No.210 of 2016 for the offences punishable under

Sections 324, 323 and 504 read with 34 of the Indian Penal Code

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(for short "IPC") registered on 18 th April, 2016 at the instance of

second respondent.

4 Brief facts, as alleged in the complaint are as follows:

(a) First informant is residing at Plot No.71, Room No.59 at

Malwani, Malad (West), Mumbai alongwith her family.

(b) On 18th April, 2016 at about 7.00 p.m. grandchildren of first

informant were playing cricket with plastic ball. During

the play, ball had landed on the house of accused Rabiya

Shaikh. Hence, she abused the grandchild of the

complainant.

(c) Complainant's son namely Salim questioned Rabiya Shaikh

as to why she is abusing the children. Hence, said accused

picked up quarrel with Salim and started abusing him.

Complainant's daughter Naziya intervened and put an end

to the quarrel.

(d) Son of Rabiya Shaikh namely Azhar started abusing. He

was followed by one Shabbo (accused no.4) and Rajni

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(accused no.3) who also started abusing Salim. They also

started assaulting daughter of complainant. However,

accused assaulted her with a bamboo stick by giving a blow

on head by which she sustained injury. Thereafter,

impugned FIR was lodged on 18th April, 2016.

(f) Learned counsel appearing for the parties have submitted

that they have amicably settled the dispute with a view to

maintain harmony, they have decided to put an end to the

proceedings initiated against the petitioners. A letter was

forwarded by first respondent to the Senior Inspector of

Police, Malvani Police Station stating that she want to

withdraw the FIR. Second respondent has also executed

an affidavit which has been annexed to the petition. It is

stated that she has amicably resolved the dispute with the

petitioners accused and have withdrawn all the allegations

against each other. She further stated that the case

initiated by her may be dropped and quashed.

5 We have considered the submissions of the respective

counsel for the parties. The incident had arisen out of a petty

quarrel on account of game of cricket being played by the

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grandchildren of first respondent. It is submitted that the

accused Rajani and Shabbo referred to in FIR are petitioner no.3

(accused no.3) and petitioner no.4 (accused no.4) in this petition.

Parties are residing in the same vicinity and intend to maintain

harmonious relationship. Taking into consideration the fact that

parties have amicably settled the dispute and want to leave

peacefully, we are inclined to accept the request made by them

for quashing the said proceedings. The dispute is between two

neighbours which had arisen out of petty quarrel. Complainant

had shown willingness for quashing the proceedings and in view

of the circumstances mentioned hereinabove, the impugned FIR

is required to be quashed on the ground of settlement.

          6                 Hence, We pass the following order:
   



                                         :: O R D E R ::





                    (i)     Rule is made absolute.



                    (ii)    First Information Report dated 18th April, 2016

registered with Malwani Police Station vide

C.R.No.210 of 2016 for the offences punishable

under Sections 323, 324 and 504 read with

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Section 34 of the Indian Penal Code is quashed

and set aside.

(iii) Parties to act upon an authenticated copy of

this order.

(PRAKASH D. NAIK, J.) (NARESH H. PATIL, J.)