Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 6518 (BOM)

MOHD ZEESHAN MOHD SALIM AND OTHERS. v. THE STATE OF MAHARASHTRA THR PSO PARATWADA POLICE STATION TAH ACHALPUR DIST AMRAVATI AND ANR.

APL/517/2026 · 2026-09-02

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 apl517.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO.517 OF 2026 1. Mohd. Zeeshan Mohd. Salim Aged 23 years, Occ: labour, 2. Mohd. Sufiyan Mohd. Kalim Aged 23 years, Occ: Business 3. Wahid Khan Hamid Khan Aged 35 years, Occ: Business 4. Mohd. Imran Mohd. Altaf Aged 25 years, Occ: Business 5. Mohd. Sameer Mohd. Mahmud Aged 30 years, Occ: Business 6. Mohd. Altamash Niyaz Mohd Aged 26 years, Occ: Business 7. Shibbu Mumtaz Bhai Ka Ladka @ Shabaz Khan Mumtaz Khan Aged 26 years, Occ: Business 8. Mohd. Adnan Mohd Siddique Aged 24 years, Occ: Business 9. Mohd. Saklain Mohd. Salim Aged 24 years, Occ: Business 10. Aziz Khan Hameed Khan Aged 40 years, Occ: Business 11. Abdul Razzak @ Atta Bhai Abdul Raheem Aged 23 years, Occ: Business 12. Mohd. Wasim Mohd Nasir Aged 35 years, Occ: Business 2026:BHC-NAG:11650 2 apl517.26.odt 13. Syed Nadim Syed Sasim Aged 40 years, Occ: Business 14. Mohd. Sohel Mohd. Salim Aged 29 years, Occ: Business 15. Mohd. Faizan Mohd. Saab Aged 23 years, Occ: Business All R/o Pensionpura, Paratwada, Tq. Achalpur, Dist. Amravati. ...APPLICANTS ...V E R S U S… 1. The State of Maharashtra, through Police Station Officer, Police Station, Paratwada, Tah. Achalpur, Dist. Amravati. 2. Abdul Salim Abdul Sadik Aged 42 years, Occ: Penter R/o Habib Nagar, Paratwada, Tq. Achalpur, Dist. Amravati. ...NON-APPLICANTS ------------------------------------------------------------------------------------------- Shri Soumitra Kanetkar, Advocates for applicants. Shri A.G. Mate, APP for non-applicant no.1/State. Shri Abdul Salim Abdul Sadik, Advocate for non-applicant no.2. ------------------------------------------------------------------------------------------- CORAM:- M.W. CHANDWANI, J. DATE :- 02.09.2026 ORAL JUDGMENT: 1. Admit. 2. The applicants seek quashing of the First Information Report bearing Crime No.846/2025 registered with Police Station, Paratwada, District Amravati (Rural) for the offences punishable 3 apl517.26.odt under Sections 190, 191(2), 189(4), 189(2) and 110 of the Bharatiya Nyaya Sanhita, 2023 on account of settlement. 3. The First Information Report indicates that non- applicant no.2 contested the election of Municipal Council, Paratwada. On 21.12.2025, result of the said election was announced wherein non-applicant no.2 was declared elected as Councilor from Prabhag No.4(B). When non-applicant no.2 alongwith his supporters was proceeding from Kalyan Mandapam to Habib Nagar, the applicants started pelting pieces of bricks on the person of non-applicant no.2 and his supporters. They managed to flee away from the spot. Therefore, non-applicant no.2 lodged the FIR against the applicants. 4. Non-applicant no.2 is personally present in the Court today, who has been duly identified by his counsel. Learned counsel for non-applicant no.2 has tendered across the bar, the affidavit of non-applicant no.2, which is taken on record and marked as “X” for identification. It is contended in the affidavit that the matter has been amicably settled between the applicants and non-applicant no.2. It is contended that only in the heat of the moment, the aforesaid FIR came to be lodged. It is also contended that the matter has been amicably settled and therefore, he has 4 apl517.26.odt consented to quash the present FIR against the applicants. It is further contended that he has no objection if the FIR against the applicants is quashed. 5. It appears that the incident happened on the day of results of election of Municipal Council, Paratwada and the applicants appear to be supporters of the rival political party. Thus, the dispute appears to be arising out of a political rivalry. The FIR does not reveal that any grievous injury is caused either to non- applicant no.2 or his supporters, who were accompanying him. Rather, non-applicant no.2 himself has stated in the FIR that most of the pieces of bricks were successfully dodged by non-applicant no.2 and his supporters. 6. Since, the applicants and non-applicant no.2 are residing in the same locality; rather, in the same ward, to maintain cordial relations and harmony in the society, the applicants and non-applicant no.2 have settled the dispute. Therefore, the chances of convictions are bleak. 7. In view of the above, a case is made out for exercising the inherent powers of this Court to quash the FIR. Hence, the following order is passed: 5 apl517.26.odt i. The criminal application is allowed. ii. First Information Report bearing Crime No.846/2025 registered with Police Station, Paratwada, District Amravati (Rural) for the offences punishable under Sections 190, 191(2), 189(4), 189(2), 110 of the Bharatiya Nyaya Sanhita, 2023 and consequential proceedings, if any, against the applicants are hereby quashed and set aside subject to the applicants depositing costs of ₹15,000/- (Rupees Fifteen Thousand Only) to “Public Welfare Fund” with Union Bank of India, High Court Branch, Nagpur having Account No.129712010001014 and IFSC Code UBIN0812978 within a period of two weeks from the date of this order. iii. The application stands disposed of. (M.W. CHANDWANI J.) Wagh Signed by: Mr. S.R. Wagh Designation: PA To Honourable Judge Date: 03/09/2026 19:02:19