Bombay High Court
NIKHIL MOHANLAL CHOUDHARY AND ORSversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The Court allowed the application, quashing the FIR and staying further investigation.
Summary
The dispute arose from a scuffle between two groups of college students in Mumbai, during which one applicant used a belt to strike the complainant, causing injuries alleged to be simple and possibly grievous hurt. An FIR was lodged under Sections 143, 147, 149, 323, 324 and 506 of the Indian Penal Code. The complainant later executed a consent affidavit seeking quash of the criminal proceedings, arguing that prosecution would damage the students' future prospects. The High Court, taking into account the young age of all parties and the presence of the consent affidavit, allowed the application to quash the FIR and stayed further investigation, without awarding costs. The order disposes of the criminal application.
Issues considered
- Whether the consent of the complainant can be a basis for quashing an FIR and criminal proceedings for offences under Sections 143, 147, 149, 323, 324 and 506 IPC.
- Whether the court may stay further investigation pending the final disposal of the petition.
Legislation cited
- Indian Penal Code, 1860 — s. 143, 147, 149, 323, 324, 506
Subjects
- consent
- quash of FIR
- simple hurt
- grievous hurt
- IPC sections 143 147 149 323 324 506
- criminal procedure
- stay of investigation
- college students
Judgment
130.APL.1253.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1253 OF 2026
Nikhil Mohanlal Choudhary and Ors. .. Applicants
Versus
State of Maharashtra and Anr. .. Respondents
....................
Mr. Ismail Shaikh, Advocate i/by S.M. Owais T. Jahagirdar for
Applicants.
Mr. Amit A. Palkar, APP for Respondent No.1 – State.
Mr. Shoaib Shaikh, Advocate for Respondent No.2 – Informant.
......…...........
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 11, 2026.
P.C.:
1. Heard Mr. Shaikh, learned Advocate for Applicants; Mr.
Palkar, learned APP for Respondent No.1 – State and Mr. Shaikh,
learned Advocate for Respondent No.2 – Informant.
2. All the parties before me are young students studying at
colleges in Mumbai and they all know each other. One group of friends
wanted to reason with the Complainant on account of a verbal
argument he had with one of the members of the other group.
Consequently, the Complainant was singled out, tracked down, and
physically confronted. There was a scuffle between parties leading to
injury. The charges are for causing simple hurt with one of the injury
alleged to be grievous.
3. The scuffle took place in a public place on the road near
their college and one of the Applicants removed his belt and used it to
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130.APL.1253.2026.doc
inflict three blows on the Complainant.
4. Considering the age of all parties and more specifically
Applicants, who are all in their early 20s and studying in a reputed
college, the Complainant having approached the Court to quash the
criminal proceeding so that the ignominy of the criminal proceedings
do not affect their future life and prospects, I am inclined to consider
the request made by the learned Advocates at the bar for the respective
parties for consent quashing.
5. Affidavit of the consent of Complainant is placed before me.
It is dated 20.06.2026. All parties i.e. Applicants and Complainant are
present in Court. I have interacted with them. They are all young
students and therefore in that view of the matter and in view of the
above reasons, the Application stands allowed in terms of prayer clause
8(i) and (ii) which read thus:-
“8. The applicant therefore prays as under:
i. That this Hon’ble Court may kindly be pleased to Quash and set
aside FIR bearing C.R. No. 154 of 2024 dated 12.02.2024
registered with Ghatkopar Police Station for offences punishable
under Sections Under Sections 143, 147, 149, 323, 324 and 506
of the Indian Penal Code, 1860.
ii. Pending and hearing the final disposal of the present Petition,
stay further investigation and/or any coercive steps against the
Applicants in connection with the said FIR.”
6. However, there shall be no order as to costs.
7. In view of the above, Criminal Application is disposed.
[ MILIND N. JADHAV, J. ]
Digitally signed
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by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date: 2026.09.12
15:36:50 +0530
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