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2026 DAILYLAW 20709 (BOM)

MOHAMMED ASLAN HAIDAR ALI SHAIKH AND ORS v. STATE OF MAHARASHTRA AND ANR

APL/1846/2026 · 2026-10-08

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

167.APL.1846.2026.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 CRIMINAL APPLICATION NO.1846 OF 2026 Mohammed Aslan Haidar Ali Shaikh And Ors. .. Applicants Versus The State of Maharashtra and Anr. .. Respondents ....................  Ms. Snehal J. Pandey, Advocate for Applicant.  Mr. Yogesh M. Nakhwa, APP for Respondent – State.  Mr. Prabhat Kumar Dubey, Ms. Nikita A. Pandey and Farnaz Shaikh, Advocates for Respondent No.2. ................... CORAM : MILIND N. JADHAV, J. DATE : OCTOBER 08, 2026 P.C. : 1. Heard Ms. Pandey, learned Advocate for Applicant; Mr. Nakhwa, learned APP for Respondent – State and Mr. Dubey, learned Advocate for Respondent No.2. 2. Parties before the Court are neighbors and there are cross FIRs filed by them against each other in respect of which dispute has arisen due to certain repair works which were undertaken in their respective houses, thereby affecting the adjacent houses. Both learned Advocate have candidly informed the Court that there is a charge under Section 326, however on their persuasion and on reading the proceedings it is seen that the reason for the scuffle was with regard to the dispute in question leading to certain injury caused due to the scuffle which had taken place. One of the FIR is placed before me for 1 of 2 167.APL.1846.2026.doc consent quashing. 3. Learned Advocate has informed that the other FIR is also attempted to be quashed by consent but it is listed before another Bench. 4. Considering the dispute between the parties and the parties having reconciled with each other and the parties being neighbours, I am inclined to accept the request for consent quashing and allow the Application. 5. The Application stand allowed in terms of prayer clause ‘A’ which reads thus:- “(a) That the Hon’ble Court, after examining the legality and validity of CR/FIR No. 1286 of 2022 registered with Sakinaka Police Station for offence punishable under sections 326, 324, 323, 504 r/w 34 of Indian Penal Code 1860 and Criminal Case No. 3542/PW/2022 pending with the file of 66th Judicial Magistrate (First Class) at Andheri, Mumbai, be quashed and set aside.” 6. No order as to costs. 7. Criminal Application is allowed and disposed. H. H. SAWANT [ MILIND N. JADHAV, J. ] 2 of 2 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.10.10 13:01:43 +0530