Bombay High Court
KESHAV @ KESHUKRIPALDAS CHANDANI AND ORSversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The Court held that, having received the complainants' consent affidavit, the petition for quashing the FIR and charge‑sheet is allowed in the interest of justice.
Summary
The petitioners, neighbours involved in a 2018 dispute over water pipelines, were charged under IPC sections 323, 504, 506, 143 and 149 for rioting and causing hurt. They filed a writ petition under Article 226 of the Constitution invoking Section 482 of the CrPC, seeking quash of the FIR (C.R. No. I‑122/2018) and the related charge‑sheet (Sessions Case No. 85/2019) on the basis of a consent affidavit filed by the complainants. The Court examined the consent affidavit dated 28‑03‑2025 and, considering the parties’ desire to settle the matter amicably, held that the criminal proceedings could be dismissed in the interest of justice. Accordingly, the petition was allowed, the FIR and charge‑sheet were quashed, and no costs were awarded.
Issues considered
- Whether a criminal proceeding can be quashed under Section 482 of the CrPC on the basis of the complainants' consent.
- Whether the FIR and charge‑sheet under the specified IPC sections should stand despite the consent affidavit.
Legislation cited
- Code of Criminal Procedure, 1973 — s. Section 482
- Constitution of India — s. Article 226
- Indian Penal Code, 1860 — s. Section 143, Section 149, Section 323, Section 504, Section 506
Subjects
- quash
- Section 482 CrPC
- consent affidavit
- criminal proceedings
- rioting
- IPC
- Article 226
- neighbor dispute
Judgment
95.WP.698.2024.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.698 OF 2024
Keshav @ Keshu Kripaldas Chandani and Ors. .. Petitioners
Versus
The State of Maharashtra and Ors. .. Respondents
....................
Ms. Preeti N. Gera, Advocate i/by Mr. Arjun Jeswani for Petitioners.
Ms. Shilpa G. Talhar, APP for Respondent No.1 – State.
Mr. Raj Chourasia, Advocate i/by Mr. Hiten Lala for Respondent
No.2.
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 11, 2026
P.C.:
1. Heard Mr. Gera, learned Advocate for Petitioners; Ms.
Talhar, learned APP for Respondent No.1 – State and Mr. Chourasia,
learned Advocate for Respondent No.2.
2. This is Writ Petition filed under Article 226 of the
Constitution of India in the matter of Section 482 of the Code of
Criminal Procedure, 1973 in C.R. No.I-122 of 2018 registered with
Central Police Station, Thane for offences punishable under Sections
323, 504, 506, 143, 149 of the Indian Penal Code, 1860 and
subsequent charge-sheet bearing R.C.C. No.85 of 2019 pending before
Judicial Magistrate First Class, Ulhasnagar.
3. Lis between the parties emanates in the year 2018 on
account of dispute of water supply pipelines which were laid outside
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95.WP.698.2024.doc
their houses. Since they both are neighbours, dispute had arisen and it
led to a confrontation / quarrel and the unfortunate incident. Charge
of rioting has been applied as also for causing simple hurt. Parties are
neighbours. Young adults are involved in the quarrel. Learned
Advocates persuade the Court to allow the Petition by consent
quashing since parties and their families can lead their lives free form
criminal proceedings.
4. The consent affidavit of complainants – Respondent Nos.2
and 3 dated 28.03.2025 is on record. I have perused and considered
the same in view of the lis which is involved. Considering the above, I
am inclined to allow the Petition for quashing by consent.
5. Writ Petition is allowed in terms of prayer clause (b) which
reads thus:-
“b) quash and set aside C.R. No. I-122/2018 dated 05.05.2018
registered with the Central Police Station, Dist. Thane for the
offences punishable u/s. 323, 504, 506, 143, 149 of IPC and also
quash the consequential charge sheet bearing Sessions Case No.
85/2019 pending on the file of Ld. JMFC, Ulhasnagarin the
interest of justice.”
6. No order as to costs at the request made by the learned
Advocates at the bar.
7. Writ Petition is allowed and disposed in the above terms.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
Digitally signed by
HARSHADA HARSHADA
HANUMANT
HANUMANT
SAWANT
SAWANT
Date: 2026.09.12
18:10:58 +0530
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