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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

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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