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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHREE CHANDRASHEKHAR, GAUTAM A.ANKHAD
Criminal Writ Petition No. 6148 of 2025 – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
GAUTAM A. ANKHAD, J.
1. The present writ petition is filed under Article 226 of the Constitution of India and section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 seeking quashing by consent of F.I.R. bearing No.317/2017, registered with Samta Nagar Police Station and charge sheet bearing C.C. No.1938/PW/2019 pending in the file of the 17th Court of the JMFC at Borivali under section 324, 452, 427 r/w 34 of the Indian Penal Code against the petitioners.
2. The petitioners and the respondent no.2 were neighbors in a commercial complex named as “V Mall” wherein both of them were conducting their respective business. On 21st July 2017, there was an altercation between the petitioners and the respondent no.2 which culminated into the present F.I.R. A chargesheet is filed in the present matter bearing CC No. 1938/PW/2019 with the 17th Court at J.M.F.C. Borivali and the same is pending before the learned Court.
3. The parties have now settled their disputes. The learned advocates submit that the dispute is of a trivial nature and over the passage of time, the relations between the petitioners and the respondent no.2 have improved and the parties have decided to put a quietus
Court can quash criminal proceedings to prevent abuse of process of law when parties amicably settle disputes, ensuring justice is served.
Court has inherent powers to quash FIRs arising from settled disputes in sexual offence cases, despite general discouragement against such actions.
The court can quash an FIR when the complainant withdraws support due to resolution of misunderstandings, as a measure to prevent abuse of legal processes.
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