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2026 DAILYLAW 12484 (BOM)

SAYYAD AYUB ALLADIN ATAR (REFERRED AS SAYYAD AYYUB SAYYAD ALAUDDIN) v. THE STATE OF MAHARASHTRA AND OTHERS

APPLN/3113/2026 · 2026-09-21

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Judgment text

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67appln3113-36 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 67 CRIMINAL APPLICATION NO. 3113 OF 2026 Sayyad Ayub Alladin Atar (referred As Sayyad Ayyub Sayyad Alauddin) VERSUS The State Of Maharashtra And Others ... Mr. Shinde Tushar Chandrakant, Advocate for Applicant Mr. S. A. Gaikwad,APP for Respondent State Mr. S. A. Gaikwad, Advocate for Respondent No.3 CORAM : HITEN S. VENEGAVKAR, J. Dated : 21st September, 2026 PER COURT :- 1. Heard learned Advocate for the applicants, learned APP for the State and learned Advocate appearing for the original complainant. 2. The applicants are facing trial in connection with the FIRs bearing Crime No. 588 of 2023 registered with MIDC, CIDCO Police Station, Aurangabad for the offence punishable under sections 380, 201, 411 r/w 34 of the Indian Penal Code and Crime No. 152 of 2026 registered with Harsul Police Station, District Aurangabad for the offences punishable under sections 140-3, 127-2, 303-2, 138, 115-2, 352, 351-2, 351-3, 189-2, 190 of the Bhartiya Nyaya Sanhita, 2023. 3. This Court, by an order dated 17.08.2026, had directed the applicants and respondent no. 3 to appear before the learned Registrar (Judicial) for verification. Accordingly, the verification is complete and the learned Registrar (Judicial) has filed a report in this Court stating 1 of 3 2026:BHC-AUG:43666 67appln3113-36 that applicant Nos. 1 to 11 and respondent No.3 have arrived at mutual settlement among themselves and have executed compromise deed. The compromise deed produced on record mentions that the parties inter se have decided to compromise and get the criminal proceedings quashed and set aside. In addition to the compromise deed, respondent no.3 has also filed an affidavit on record mentioning about the inter se compromise and permitting the proceedings to be quashed. 4. Taking into consideration that the parties have settled the dispute, I am of the opinion that the impugned proceedings can be quashed on payment of cost for engaging police machinery and the Court machinery. The learned Advocate for the applicants submits that the applicants have brought a Demand Draft of Rs.25,000/-(Rupees Twenty Five Thousand only) in the name of Registrar by way of cost and they are also ready to pay Rs.10,000/- (Rupees Ten thousand only) more in the Registry within a period of two weeks from today. 5. Though the learned APP has rightly pointed out that the trial in the proceedings is initiated and the complainant has been examined, wherein the complainant has deposed against the present applicant, still, taking into consideration the nature of allegations made therein, the settlement between parties, can be taken into consideration and the proceedings can be quashed. Hence, the following order: 2 of 3 67appln3113-36 O R D E R (a) Criminal Application is allowed. (b) First Information Report bearing FIRs bearing Crime No. 588 of 2023 registered with MIDC, CIDCO Police Station, Aurangabad for the offence punishable under sections 380, 201, 411 r/w 34 of the Indian Penal Code and Crime No. 152 of 2026 registered with Harsul Police Station, District Aurangabad for the offences punishable under sections 140-3, 127-2, 303-2, 138, 115-2, 352, 351-2, 351-3, 189-2, 190 of the Bhartiya Nyaya Sanhita, 2023 and consequential proceeding bearing Regular Criminal Case No. 173 of 2025 and Regular Criminal Case No. 1997 of 2026 pending on the file of learned Judicial Magistrate, First Class, Aurangabad are hereby quashed and set aside. (c) The payment of cost, as aforesaid, be made with the Registry within a period of two weeks from today. (f) The applicants shall file an undertaking clearly mentioning that they will not indulge themselves in any such criminal activities and maintain peace and harmony in the society. (HITEN S. VENEGAVKAR, J.) JPChavan 3 of 3