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2026 DAILYLAW 18201 (BOM)

MANOJ NAROTTAMDAS SHAHA AND ORS v. STATE OF MAHARASHTRA AND ANR

APL/1769/2026 · 2026-10-09

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Judgment text

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113.APL.1769.2026+114+115+156.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION (113) CRIMINAL APPLICATION NO.1769 OF 2026 Manoj Narottamdas Shaha And Ors. .. Applicants Versus The State of Maharashtra and Anr. .. Respondents WITH (114) CRIMINAL APPLICATION NO.1770 OF 2026 Nimesh Sudhir Doshi And Ors. .. Applicants Versus The State of Maharashtra and Anr. .. Respondents WITH (115) CRIMINAL APPLICATION NO.1774 OF 2026 Jinish Vinay Joshi And Ors. .. Applicants Versus The State of Maharashtra and Anr. .. Respondents WITH (156) CRIMINAL APPLICATION NO.786 OF 2025 Mittal Bipin Shah And Ors. .. Applicants Versus The State of Maharashtra and Anr. .. Respondents ....................  Mr. Yogendra Rajgor a/w. Ms. Kairavi Dedhia, Advocates i/by Legal Chartered for Applicants in Criminal Application Nos.1769 of 2026 and 1770 of 2026 and Respondent No.2 in Criminal Application Nos.1774 of 2026 and 786 of 2025.  Mr. Sukanta A. Karmakar, APP for Respondent No.1.  Mr. Som Singh a/w. Ms. Neelesha Padavi, Advocates i/by Rajeev Sawant & Associates for Applicants in Criminal Application Nos.1774 of 2026 and 786 of 2025 and Respondent No. in Criminal Application Nos.1769 of 2026 and 1770 of 2026. ................... CORAM : MILIND N. JADHAV, J. DATE : OCTOBER 09, 2026 1 of 4 113.APL.1769.2026+114+115+156.doc P.C. : 1. Heard Mr. Rajgor, learned Advocate for Applicants in Criminal Application Nos.1769 of 2026 and 1770 of 2026 and Respondent No.2 in Criminal Application Nos.1774 of 2026 and 786 of 2025; Mr. Karmakar, learned APP for Respondent No.1 and Mr. Singh, learned Advocate for Applicants in Criminal Application Nos.1774 of 2026 and 786 of 2025 and Respondent No. in Criminal Application Nos.1769 of 2026 and 1770 of 2026. 2. Four Applications are filed by the parties for seeking consent quashing. The parties before me namely Applicants as well as the Complainants have filed cross-complaints against each other. One of the Complainant has expired. Be that as it may, the total number of parties before me are 45 in number. They are all members of a Co- Operative housing society. A minor scuffle occurred during a meeting whereby a minor daughter of a society member got hurt which led to the filing of the First Information Report which escalated the tension further leading to filing of further complaints and cross complaints. 3. All parties are before me. They are identified by their respective Advocates. They are all members of a Co-operative Housing Society living in the same building and part of the same society and are desirous of putting an end and closure and quietus to the entire dispute. The criminal proceedings are undoubtedly hindering the 2 of 4 113.APL.1769.2026+114+115+156.doc future prospects of all the members not only professionally but even otherwise emotionally and are also affecting their family life. 4. In that view of the matter, a joint request is made by all the parties to the Court to quash the criminal Complaints by consent quashing. I am inclined to therefore accept the request made by the parties and relieve them of the ignominy of the criminal proceedings in view of the dispute which had arisen and led to the filing of the criminal complaint and the criminal proceedings. The consent affidavits of all complainants are placed before me, I have perused them, I have interacted with the parties who are present in Court. 5. Hence, Application No.1769 of 2026 is allowed in terms of prayer clause (a) which reads thus:- “(a) that quash and set aside C.R. No. 193 of 2025 registered with Borivali Police Station, Mumbai, the charge sheet (Form No. 5-A/ Charge Sheet No. 193 of 2025) filed thereon and pending before the Court of the learned Judicial Magistrate First Class, 26th Court, Borivali, Mumbai being Police cases S/0005426/2025, qua the Applicants.” 6. Application No.1770 of 2026 is allowed in terms of prayer clause (a) which reads thus:- “a) that quash and set aside First Information Report bearing C.R. No. 287 of 2025 registered with Borivali Police Station, Mumbai, for the offences punishable under Sections 126(2), 131, 189(2), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023, and the Charge-Sheet (Final Report) No. 287 of 2025 filed pursuant thereto before the learned Judicial Magistrate First Class, 26th Court, Borivali, Mumbai, registered as Police cases S/0003859/2025 and all proceedings arising therefrom, as against the Applicants;” 3 of 4 113.APL.1769.2026+114+115+156.doc 7. Application No.1774 of 2026 is allowed in terms of prayer clause (a) which reads thus:- “a) That this Hon'ble court may be please to quash FIR No. 0192 of 2025 registered with Borivali Police Station, Mumbai, for alleged offences punishable under U/s. 37(1), 135 Of The Bombay Police Act, 1951 & U/s. 352, 351(2), 189(2),115(2) Of The BNS, 2023, and C.C. No. 5427/PS/2025 pending before the Ld. Chief Judicial Magistrate, 26th Court, Borivali on any terms and conditions as this Hon'ble Court may deem fit to grant;” 8. Application No.786 of 2025 is allowed in terms of prayer clause (a) which reads thus:- “a) That this Hon'ble court may be please to quash FIR No. 0202 of 2025 registered with Borivali Police Station, Mumbai, for alleged offences punishable under Sections 329(3), 79, 189(2), and 191(2) of the Bharatiya Nyaya Sanhita, 2023, on any terms and condition as as this Hon’ble Court may deem fit to grant” 9. No order as to costs. 10. Criminal Applications are therefore allowed and disposed. H. H. SAWANT [ MILIND N. JADHAV, J. ] 4 of 4 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.10.13 10:43:18 +0530