Bombay High Court
Shoaib Mustafa Shaikh And Others vs The State Of Maharashtra And Another on 18 November, 2025
2025:BHC-AUG:31591-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 4820 OF 2024
1. Shoaib Mustafa Shaikh
Age : 24 years, Occu: Agriculture/Labor,
R/o. Village Bhagur, Tq. Shevgaon,
Dist. Ahmednagar.
2. Sonu s/o Mustafa Shaikh
Age : 26 years, Occ: Agriculture
R/o : As above.
3. Firdos s/o Salim Shaikh
Age : 30 years, Occ: Labor
R/o : As above.
4. Firoj s/o Salim Shaikh
Age : 32 years, Occ: Business
R/o : As above.
5. Mujaffar Salim Shaikh
Age : 34 years, Occ: Agriculture
R/o : As above.
6. Najir Hussein Shaikh @ Ladda
Age : 36 years, Occ: Business
R/o : As above. ... Applicants
(Applicant No.1 - Informant in FIR No.350/2021)
Versus
1. The State of Maharashtra,
Through Police Inspector,
Shevgaon Police Station,
Shevgaon.
2. Shekhar Arun Garud
Age : 20 years, Occu: Labor,
R/o. Village Bhagur, Tq. Shevgaon,
Dist. Ahmednagar. ... Respondents
WITH
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CRIMINAL APPLICATION NO. 4956 OF 2024
1. Suryakant s/o Sarjerao Garud
Age : 25 years, Occu: Education
2. Sagar s/o Arun Garud
Age : 23 years, Occ: Business
3. Suraj s/o Ravindra Garud
Age : 21 years, Occ: Labour
4. Prasad s/o Mhasu Garud
Age : 28 years, Occ: Agriculture
5. Yoges Balasaheb Waghmare
Age : 26 years, Occ: Driver
All are R/o. Village Bhagur, Tq. Shevgaon,
Dist. Ahmednagar. ... Applicants
Versus
1. The State of Maharashtra,
Through Police Inspector,
Shevgaon Police Station,
Shevgaon.
2. Shoaib Mustafa Shaikh
Age : 24 years, Occu: Agriculture/Labor,
R/o. Village Bhagur, Tq. Shevgaon,
Dist. Ahmednagar. ... Respondents
(Respondent No.2 - Informant in FIR No.350/2021)
...
* Mr. A.A. Joshi h/f Mr. S.V. Natu, Advocate for Applicants and for
Respondent No.2 in Criminal Application No.4820/2024.
* Mr. B.B. Kulkarni, Advocate for Applicants and for
Respondent No.2 in Criminal Application No.4956/2024.
* Mr. Govind A. Kulkarni, APP for Respondent Nos.1-State in both
matters.
...
CORAM : SANDIPKUMAR C. MORE AND
MEHROZ K. PATHAN, JJ.
RESERVED ON : 14th OCTOBER 2025
PRONOUNCED ON : 18th NOVEMBER 2025
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O R D E R (Per Mehroz K. Pathan, J.) :
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1. The Applicants in Criminal Application No.4820/2024 have
approached this Court initially for quashing of the First Information
Report being FIR No.346/2021 for the offences punishable under
Sections 324, 323, 143, 147, 149, 504, 506 of the Indian Penal Code
and Section 3(1)(r)(s), 3(2)(v-a) of the Prevention of Atrocities Act
registered with Shevgaon Police Station dated 13.06.2021 and
resultant charge-sheet/Special Case No.346/2021. The said FIR is
sought to be quashed on the ground that the complainant, Shekhar
Arun Garud, has amicably resolved the matter with Applicant No.1 and
Respondent No.2 through the intervention of senior and elderly
members of the village. The parties have decided to bury the hatchet
and live peacefully, as they are old friends and now realize that, due to
a trivial issue, they are unnecessarily spending valuable time in
litigation. It is therefore prayed that the said FIR may be quashed and
set aside. The Respondent/complainant - Shekhar Arun Garud has also
filed an affidavit in response and has stated in the affidavit that he does
not want to pursue the present complaint and that the compromise
terms were already verified by the notary advocate on 11.10.2024,
wherein the parties have resolved to settle their dispute once and for
all so that they can live peacefully. The said compromise terms are also
a part of the present paper-book which is sworn by the parties therein.
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The Respondent therefore prayed that the respective complaints may
therefore be quashed and set aside in the interest of justice.
2. The accused Applicants in Criminal Application
No.4956/2024 had likewise approached this Court for quashing of the
FIR being FIR No.350/2021, wherein there are seven accused persons
and the Applicants are five accused whereas two other accused did not
file the present application. The Respondent/complainant - Shoaib had
also filed an affidavit in the present application, thereby stating that
the complaints were lodged against each other immaturely because of
the grudges held by the individuals and now with the intervention of
the elderly and reputed members of the village, the parties have
resolved to amicably settle the dispute. Therefore the said FIR being
FIR No.350/2021 for the offences punishable under Sections 326, 324,
323, 143, 147, 148, 149, 504, 506 of the Indian Penal Code may
therefore be quashed and set aside as parties have now resolved to
bury the grievance, having realized that due to trivial issues, they are
wasting their time and money on litigation. The complainant and the
Applicants in the said matter have therefore prayed for quashing of the
FIR No.350/2021.
3. The parties had appeared before this Court and were directed
to approach the learned Registrar for verification of the terms of
compromise and their identity. The learned Registrar has also
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submitted report on 13.10.2025. The matter was thereafter listed
before this Court today on 14.10.2025.
4. Today also the Court has interacted with the complainant as
well as the accused persons in the FIR and has found that the parties
have resolved to amicably settle the dispute amongst themselves and
though there are serious allegations against each other, the same was a
result of a misunderstanding and that now with the intervention of the
senior elders of the village, they have decided to cooperate with each
other and live peacefully in the neighborhood.
5. The Hon'ble Supreme Court in the judgment reported in
Narinder Singh & Ors Vs State Of Punjab & Anr, 2014 (6) SCC 466,
was pleased to hold that while exercising its powers under Section 482
Cr.P.C., the High Court is to examine as to whether the possibility of
conviction is remote and bleak. It is also observed by the Hon'ble
Supreme Court that the Court shall also consider that the settlement
between the parties is going to result in harmony between them which
may improve their future relationship.
6. In the present case, it could be seen that the complainants in
both the FIR, who are accused in the counter FIR, are before this Court
and have filed their respective affidavits alongwith compromise terms,
stating that they do not have any objection for quashing of the FIR and
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the consequent charge-sheet on settlement.
7. We are therefore of the considered opinion that the
continuation of both proceedings would be an exercise in futility, as the
chances of conviction are remote and bleak. We are also of opinion that
the settlement between the parties is going to result in harmony
between them which may improve their future relationship, as it is
specifically stated by the Applicants that with the intervention of the
senior elders of the Village, they have decided to bury the hatchet and
live peacefully in the neighborhood. We therefore find that this is a
case wherein we should exercise our inherent powers under Section
482 Cr.P.C. to quash and set aside the respective First Information
Reports. Hence we pass the following order :
ORDER
(i) The FIR No.346/2021 for the offences punishable under
Sections 324, 323, 143, 147, 149, 504, 506 of the Indian Penal Code
and Section 3(1)(r)(s), 3(2)(v-a) of the Prevention of Atrocities Act
registered with Shevgaon Police Station dated 13.06.2021 and
resultant charge-sheet/Special Case No.346/2021, are quashed and set
aside.
(ii) The FIR No.350/2021 for the offences punishable under
Sections 326, 324, 323, 143, 147, 148, 149, 504, 506 of the Indian
Penal Code registered with Shevgaon Police Station dated 13.06.2021
and resultant charge-sheet/Regular Criminal Case No.324/2021
pending on the file of learned Judicial Magistrate First Class,
Shevgaon, are hereby quashed and set aside.
(iii) Both the Criminal Applications are allowed in the aforesaid
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terms on condition that the cost of Rs.20,000/- to be paid to the library
of the Government Pleader's office of this Court.
(iv) Both the Criminal Applications are disposed of.
(MEHROZ K. PATHAN, J.) (SANDIPKUMAR C. MORE, J.)
Najeeb
