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Bombay High Court

SAYYED MOHAMMED ALI ABBASversusSTATE OF MAHARASHTRA AND ANR.

Decided
Disposal
Disposed Off

Holding

The court held that, in view of the parties’ reconciliation and the complainant’s consent, the inherent powers under Section 482 Cr.P.C. may be exercised to quash the criminal proceedings.

Summary

The applicant, Sayyed Mohammed Ali Abbas, filed a criminal application under Section 482 of the Cr.P.C. seeking to quash criminal proceedings (CR No. 829 of 2023) for alleged offences under Section 295-A of the IPC arising from a dispute over a banner removed from a housing society gate. The complainant, the society’s secretary, lodged the complaint after the banner was torn. The parties later reconciled and submitted a consent affidavit indicating no objection to quashing the case to preserve communal harmony. The court, after hearing counsel, held that the reconciliation and lack of public interest justified the exercise of inherent powers to quash the proceedings. Accordingly, the application was allowed, the criminal proceedings were de‑registered, and no order as to costs was made.

Issues considered

  • Whether the inherent powers under Section 482 Cr.P.C. may be exercised to quash criminal proceedings when the parties have reconciled and the complainant consents
  • Whether the alleged offence under Section 295-A IPC warrants continuation of prosecution despite the settlement

Legislation cited

Subjects

  • Section 482
  • quash of criminal proceedings
  • reconciliation
  • housing society dispute
  • Section 295-A
  • de‑registration
  • inherent powers
  • criminal application

Judgment

                                                                             123. APL-417-26.odt


Amberkar

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION


                           CRIMINAL APPLICATION NO. 417 OF 2026

           Sayyed Mohammed Ali Abbas                        .. Applicant
                      Versus
           State of Maharashtra & Anr.                      .. Respondents
                                       ....................
            Mr. Karim Patkar a/w Mr. Fazal Shaikh, Kahkasha Ansari & Mr.
              Shoeb Shaikh, Advocates for Applicant
            Mr. Yogesh M. Nakhwa, APP for State
            Mr. Shaan Illahi Turky, Advocate for Respondent No. 2
                                           ...................
                                          CORAM : MILIND N. JADHAV, J.
                                          DATE          : SEPTEMBER 11, 2026
           P. C.:

           1.       Heard Mr. Patkar, learned Advocate for Applicant; Mr. Nakhwa,

           learned APP for State and Mr. Turky, learned Advocate for Respondent

           No. 2.


           2.       Present Application is filed under Section 482 of Cr.P.C. seeking

           to quash / de-register the criminal proceedings in C.R. No. 829 of

           2023 registered at MIDC Police Station, Mumbai for offences

           punishable      under    Section     295-A            of   IPC   and   Case     No.

           2211520/PS/2024 pending before the Learned JMFC, 22nd Court,

           Andheri.


           3.       The dispute between the parties arose on account of removal of

           the banner which was displayed on the gate of the Housing Society.



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                   Umbrage was taken on account of having been informed that the said

                   banner was torn, hence complaint came to be filed.


                   4.            Be that as it may, the parties have reconciled their dispute. They

                   are members of the same Housing Society living together. This court

                   should therefore step in. Parties are present before the Court. They

                   have expressed remorse for whatever has happened. Consent affidavit

                   dated 08.03.2026 of the Complainant who is the Secretary of the

                   Society is taken on record.                  Complainant - Secretary is on video

                   conferencing.              I have interacted with him. He has no objection to

                   quash the complaint to maintain harmony in the Society.


                   5.            In view of the above, Petition stands allowed in terms of prayer

                   clause (a) which reads thus:-

                                "(a)       This Hon'ble Court may kindly quash / de-register the criminal
                                           proceedings in C.R. No. 829 of 2023 registered at MIDC Police
                                           Station, Mumbai for offences punishable under Section 295-A of IPC
                                           and Case No. 2211520/PS/2024 pending before the Learned JMFC,
                                           22nd Court, Andheri."

                   6.            No order as to costs since the parties are Members of a Co-

                   operative Housing Society.


                   7.            Application is allowed and disposed.



Amberkar                                                               [ MILIND N. JADHAV, J. ]



                        Digitally signed
           RAVINDRA by RAVINDRA
                    MOHAN
           MOHAN    AMBERKAR
           AMBERKAR Date: 2026.09.12
                        17:15:56 +0530




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