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2026 DAILYLAW 8168 (BOM)

SAYYED MOHAMMED ALI ABBAS v. STATE OF MAHARASHTRA AND ANR.

APL/417/2026 · 2026-09-11

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Judgment text

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123. APL-417-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 417 OF 2026 Sayyed Mohammed Ali Abbas .. Applicant Versus State of Maharashtra & Anr. .. Respondents ....................  Mr. Karim Patkar a/w Mr. Fazal Shaikh, Kahkasha Ansari & Mr. Shoeb Shaikh, Advocates for Applicant  Mr. Yogesh M. Nakhwa, APP for State  Mr. Shaan Illahi Turky, Advocate for Respondent No. 2 ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 11, 2026 P. C. : 1. Heard Mr. Patkar, learned Advocate for Applicant; Mr. Nakhwa, learned APP for State and Mr. Turky, learned Advocate for Respondent No. 2. 2. Present Application is filed under Section 482 of Cr.P.C. seeking to quash / de-register the criminal proceedings in C.R. No. 829 of 2023 registered at MIDC Police Station, Mumbai for offences punishable under Section 295-A of IPC and Case No. 2211520/PS/2024 pending before the Learned JMFC, 22nd Court, Andheri. 3. The dispute between the parties arose on account of removal of the banner which was displayed on the gate of the Housing Society. 1 of 2 123. APL-417-26.odt Umbrage was taken on account of having been informed that the said banner was torn, hence complaint came to be filed. 4. Be that as it may, the parties have reconciled their dispute. They are members of the same Housing Society living together. This court should therefore step in. Parties are present before the Court. They have expressed remorse for whatever has happened. Consent affidavit dated 08.03.2026 of the Complainant who is the Secretary of the Society is taken on record. Complainant - Secretary is on video conferencing. I have interacted with him. He has no objection to quash the complaint to maintain harmony in the Society. 5. In view of the above, Petition stands allowed in terms of prayer clause (a) which reads thus:- "(a) This Hon'ble Court may kindly quash / de-register the criminal proceedings in C.R. No. 829 of 2023 registered at MIDC Police Station, Mumbai for offences punishable under Section 295-A of IPC and Case No. 2211520/PS/2024 pending before the Learned JMFC, 22nd Court, Andheri." 6. No order as to costs since the parties are Members of a Co- operative Housing Society. 7. Application is allowed and disposed. Amberkar [ MILIND N. JADHAV, J. ] 2 of 2 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.09.12 17:15:56 +0530