Bombay High Court

DANISH MUSHTAQ NACHAN AND ORSversusSTATE OF MAHARASHTRA AND ANR

Decided: 11 September 2026
Disposal: Disposed Off

Holding

A criminal proceeding arising from a private lis may be quashed by the court when the parties mutually consent to the withdrawal of the complaint.

Summary

The parties, neighbours in a housing society, got into a verbal altercation over the lighting of a lamp, which escalated into cross complaints and FIRs being lodged against each other. Both parties later reconciled and submitted affidavits of consent seeking quashing of the criminal proceedings. The Court noted that the dispute was a private lis involving young families and that the consent of the complainants justified dismissal of the cases. It allowed the consent quashing of FIR No. 186/2025 and FIR No. 185/2025, along with the related charge‑sheet and issue‑process order. The Court ordered that no costs be awarded and disposed of the pending interim applications.

Issues considered

Whether a criminal proceeding may be quashed on the basis of mutual consent of the parties in a private lis.
Whether the FIRs and subsequent charge‑sheet under the Bharatiya Nyaya Sanhita and the SC/ST (Prevention of Atrocities) Act can be set aside when the complainants withdraw their complaints.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 3(5), 351(2), 352
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(Va)

Subjects

consent quashing
private lis
FIR quash
cross complaints
neighbor dispute
criminal procedure
Bharatiya Nyaya Sanhita
SC/ST (Prevention of Atrocities) Act

Judgment

131.APL.1355.2026 with 162.WP.3189.2026.doc

Ajay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

(131) CRIMINAL APPLICATION NO. 1355 OF 2026

Danish Mushtaq Nachan and Ors. .. Applicants
Versus
State of Maharashtra and Anr. .. Respondents

WITH
(162) CRIMINAL WRIT PETITION NO. 3189 OF 2026
WITH
INTERIM APPLICATION NO. 3227 OF 2026
WITH
INTERIM APPLICATION NO. 3228 OF 2026
IN
CRIMINAL WRIT PETITION NO. 3189 OF 2026

Rani Subhash Tayade and Anr. .. Petitioners
Versus
State of Maharashtra and Anr. .. Respondents

....................
 Ms. S.G. Acharya a/w. U.A. Patel, Advocates for Applicants in
Criminal Application No.1355 of 2026 and Respondent No.2 in Writ
Petition No.3189 of 2026.
 Mr. Tapan Thatte a/w. Mr. Akshay Dingale, Advocates for
Petitioners in Writ Petition No.3189 of 2026 and Respondent No.2
in Criminal Application No.1355 of 2026.
 Ms. Gauri S. Rao, APP for Respondent – State in Criminal
Application No.1355 of 2026.
 Mr. Yogesh M. Nakhwa, APP for Respondent – State in Writ Petition
No.3189 of 2026.
......…...........

CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 11, 2026.

P.C.:

1. Heard Ms. Acharya, learned Advocate for Applicants in

Criminal Application No.1355 of 2026 and Respondent No.2 in Writ

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Petition No.3189 of 2026; Mr. Thatte, learned Advocate for Petitioners

in Writ Petition No.3189 of 2026 and Respondent No.2 in Criminal

Application No.1355 of 2026; Ms. Rao, learned APP for Respondent –

State in Criminal Application No.1355 of 2026 and Mr. Nakhwa,

learned APP for Respondent – State in Writ Petition No.3189 of 2026.

2. Both Criminal Application and Criminal Writ Petition are

disposed of this by this common order.

3. I have heard the submissions of both the learned Advocates.

Both the parties are neighbours and there was an altercation on the

issue of lighting of a lamp in the Society premises, which unfortunately

led to the incident in question after a verbal altercation. Both the

parties have reconciled and now desire to move on with their life and

do not wish to have the ignominy of criminal prosecution affecting

their future prospects. Therefore, they urge the Court to allow consent

quashing. Mr. Thatte places on record the Affidavit of consent of

Complainant, which are 11.09.2026. This is a case of cross complaints

by both parties.

4. Considering that the lis being a private lis wherein families of

young students living as neighbours are involved, I am inclined to

accept the request made by the learned Advocates at the bar and allow

both proceedings i.e. the Criminal Application and Writ Petition which

are in fact cross Petitions and/or cross complaints by consent quashing.

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5. In view of the above, Criminal Application No.1355 of 2026

stands allowed in terms of prayer clauses ‘a’ and ‘b’ which reads thus:-

“a. This Application may kindly be allowed;
b. That this Hon’ble Court be please to quash and set aside the FIR
No. 186 of 2025 registered by the Neral Police Station for
offences punishable under Section 115(2), 351(2), 352 and 3(5)
of B.N.S. and Sec.3(2)(Va) of Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act and Special Case
No.274 of 2025 pending on the files of District and Addl.
Sessions Judge, Panvel.”

6. In view of the above, Criminal Writ Petition No.3189 of 2026

stands allowed in terms of prayer clause ‘A’ which reads thus:-

“A Quash and Set-aside FIR No. 185/2025 dated 1 st November 2025
registered with Neral Police Station, District Raigad u/ss 333,
115(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023, as
against the Petitioners.”

7. In Criminal Writ Petition No.3189 of 2026, it is further

clarified that the charge-sheet filed in furtherance of FIR No.185 of

2025 before the Judicial Magistrate First Class, Karjat and RCC No.151

of 2025 which is the issue process order are both quashed and set

aside also.

8. At the request of the learned Advocates for the respective

parties (Petitioners) in both matters no order is made for costs.

9. In view of the above, Criminal Application No.1355 of 2026

and Criminal Writ Petition No.3189 of 206 are both allowed and

disposed. Pending Interim Application Nos.3227 of 2026 and 3228 of

2026 are accordingly disposed.

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10. All Parties to act on a server / certified copy of this order

downloaded from the website of the Bombay High Court.

[ MILIND N. JADHAV, J. ]

Ajay
Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date:
2026.09.12
16:25:23 +0530

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