Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 8194 (BOM)

RANI SUBHASH TAYADE AND ANR v. THE STATE OF MAHARASHTRA AND ANR

IA/3228/2026 · 2026-09-11

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

131.APL.1355.2026 with 162.WP.3189.2026.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION (131) CRIMINAL APPLICATION NO. 1355 OF 2026 Danish Mushtaq Nachan and Ors. .. Applicants Versus State of Maharashtra and Anr. .. Respondents WITH (162) CRIMINAL WRIT PETITION NO. 3189 OF 2026 WITH INTERIM APPLICATION NO. 3227 OF 2026 WITH INTERIM APPLICATION NO. 3228 OF 2026 IN CRIMINAL WRIT PETITION NO. 3189 OF 2026 Rani Subhash Tayade and Anr. .. Petitioners Versus State of Maharashtra and Anr. .. Respondents ....................  Ms. S.G. Acharya a/w. U.A. Patel, Advocates for Applicants in Criminal Application No.1355 of 2026 and Respondent No.2 in Writ Petition No.3189 of 2026.  Mr. Tapan Thatte a/w. Mr. Akshay Dingale, Advocates for Petitioners in Writ Petition No.3189 of 2026 and Respondent No.2 in Criminal Application No.1355 of 2026.  Ms. Gauri S. Rao, APP for Respondent – State in Criminal Application No.1355 of 2026.  Mr. Yogesh M. Nakhwa, APP for Respondent – State in Writ Petition No.3189 of 2026. ......…........... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 11, 2026. P.C.: 1. Heard Ms. Acharya, learned Advocate for Applicants in Criminal Application No.1355 of 2026 and Respondent No.2 in Writ 1 of 4 131.APL.1355.2026 with 162.WP.3189.2026.doc Petition No.3189 of 2026; Mr. Thatte, learned Advocate for Petitioners in Writ Petition No.3189 of 2026 and Respondent No.2 in Criminal Application No.1355 of 2026; Ms. Rao, learned APP for Respondent – State in Criminal Application No.1355 of 2026 and Mr. Nakhwa, learned APP for Respondent – State in Writ Petition No.3189 of 2026. 2. Both Criminal Application and Criminal Writ Petition are disposed of this by this common order. 3. I have heard the submissions of both the learned Advocates. Both the parties are neighbours and there was an altercation on the issue of lighting of a lamp in the Society premises, which unfortunately led to the incident in question after a verbal altercation. Both the parties have reconciled and now desire to move on with their life and do not wish to have the ignominy of criminal prosecution affecting their future prospects. Therefore, they urge the Court to allow consent quashing. Mr. Thatte places on record the Affidavit of consent of Complainant, which are 11.09.2026. This is a case of cross complaints by both parties. 4. Considering that the lis being a private lis wherein families of young students living as neighbours are involved, I am inclined to accept the request made by the learned Advocates at the bar and allow both proceedings i.e. the Criminal Application and Writ Petition which are in fact cross Petitions and/or cross complaints by consent quashing. 2 of 4 131.APL.1355.2026 with 162.WP.3189.2026.doc 5. In view of the above, Criminal Application No.1355 of 2026 stands allowed in terms of prayer clauses ‘a’ and ‘b’ which reads thus:- “a. This Application may kindly be allowed; b. That this Hon’ble Court be please to quash and set aside the FIR No. 186 of 2025 registered by the Neral Police Station for offences punishable under Section 115(2), 351(2), 352 and 3(5) of B.N.S. and Sec.3(2)(Va) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act and Special Case No.274 of 2025 pending on the files of District and Addl. Sessions Judge, Panvel.” 6. In view of the above, Criminal Writ Petition No.3189 of 2026 stands allowed in terms of prayer clause ‘A’ which reads thus:- “A Quash and Set-aside FIR No. 185/2025 dated 1st November 2025 registered with Neral Police Station, District Raigad u/ss 333, 115(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023, as against the Petitioners.” 7. In Criminal Writ Petition No.3189 of 2026, it is further clarified that the charge-sheet filed in furtherance of FIR No.185 of 2025 before the Judicial Magistrate First Class, Karjat and RCC No.151 of 2025 which is the issue process order are both quashed and set aside also. 8. At the request of the learned Advocates for the respective parties (Petitioners) in both matters no order is made for costs. 9. In view of the above, Criminal Application No.1355 of 2026 and Criminal Writ Petition No.3189 of 206 are both allowed and disposed. Pending Interim Application Nos.3227 of 2026 and 3228 of 2026 are accordingly disposed. 3 of 4 131.APL.1355.2026 with 162.WP.3189.2026.doc 10. All Parties to act on a server / certified copy of this order downloaded from the website of the Bombay High Court. [ MILIND N. JADHAV, J. ] Ajay 4 of 4 AJAY TRAMBAK UGALMUGALE Digitally signed by AJAY TRAMBAK UGALMUGALE Date: 2026.09.12 16:25:23 +0530