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
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code, 1860 — s. 295-A
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.
1 of 2
123. APL-417-26.odt
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
2 of 2
Checking your session…