907-WP-718-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 718 OF 2026 1. Rahul Vasant Bhoi ] Age: 51 years, Occupation:Service, ] Address - Borgaon, Taluka - Walwa, ] District – Sangli - 415 413 ] 2. Ravindra Shankar Sutar ] Age: 57 years, Occupation: Agriculture, ] Address – Borgaon, Taluka – Walwa, ] District – Sangli – 415413 ] Petitioners versus 1. The State of Maharashtra ] (At the instance of Police Inspector of ] Islampur Police Station, Islampur, ] District: Sangli) 415 409. ] 2. Dhanaji Yashwant Mali ] Age-47 Years, Occupation – Agriculture, ] R/o – Shivaji Chowk, Borgaon, ] Taluka – Walwa, District – Sangli 415413 ] Respondents ….. Mr. Umesh H. Pawar, Advocate for Petitioners. Mr. Pankaj Deokar, A.P.P., for Respondent No.1 – State. Mr. Shivprasad Gaikwad, Advocate for Respondent No.2. Mr. Gunje, Head Constable, Ishwarpur Police Station, present. ….. CORAM : ABHAY J. MANTRI, J. DATE : SEPTEMBER 11, 2026 Shailaja SHAILAJA SHRIKANT HALKUDE Digitally signed by SHAILAJA SHRIKANT HALKUDE Date: 2026.09.15 18:25:22 +0530 907-WP-718-2026.odt ORAL JUDGMENT : 1. Rule. Rule made returnable forthwith and heard learned Advocates for the Petitioner and Respondent No. 2, as well as the learned APP for Respondent No. 1 – State. 2. The Petitioners seek to quashing the F.I.R. bearing C.R. No. 434 of 2023 registered with Islampur Police Station, District Sangli as also the consequential proceedings arising out of the said F.I.R., bearing R.C.C. No. 337 of 2023, pending before the learned Judicial Magistrate First Class, Islampur, for the offences punishable under Sections 324 and 504, read with Section 34 of the Indian Penal Code, 1860 (for short “I.P.C.”). 3. On 11th July 2023, a quarrel took place between the Petitioners and Respondent No.2. During the quarrel, Petitioner No.2 caught hold of the collar/neck of Respondent No.2 and scuffled with him, and Petitioner No.1 gave a fist blow near the left eye to Respondent No.2 and caused a bleeding injury near the eye. Accordingly, Respondent No.2 lodged a report against the Petitioners. Based on the said F.I.R., the offence was registered against the Petitioners. 4. Learned Advocate for the Petitioners and Respondent No.2 jointly submitted that the matter has been amicably settled between the parties. Accordingly, Respondent No.2 has filed an Affidavit before the Court, stating that he has no objection to the quashing of the F.I.R. as well as Shailaja 907-WP-718-2026.odt the criminal proceedings bearing R.C.C. No. 337 of 2023, pending against the Petitioners. 5. Learned Advocate for the Petitioners further submits that the injuries sustained by Respondent No.2 were simple in nature. No weapon was used by the Petitioners and, therefore, Section 324 of the I.P.C. has been wrongly applied against the Petitioners by the Investigating Officer. He has drawn my attention to the medical certificate of Respondent No.2 (complainant). On perusal of the said medical certificate, it appears that Respondent No.2 had sustained two simple injuries. 6. Today, Respondent No.2 – original Complainant is present before the Court. He admits that he filed an Affidavit dated 14th August 2026 before this Court and states that its contents are true and correct and that he gave free and valid consent. He further categorically states before the Court that he does not wish to proceed against the Petitioners, as the dispute between the parties has been amicably settled. He, therefore, has no objection to quashing of the F.I.R. as well as the proceedings arising therefrom and pending before the learned Trial Court. 7. In the light of the affidavit and the facts and circumstances of the case, it appears that Respondent No.2 has no objection to quashing of the F.I.R. as well as the proceedings pending before the learned Trial Court against the Petitioners. It further appears that Respondent No.2 resides in Shailaja 907-WP-718-2026.odt front of the house of the Petitioner No.2. The dispute between them has been amicably settled. Besides, the offences alleged against the Petitioners cannot be termed as heinous or anti-social or as having a serious impact on society at large. The dispute essentially arises from a private dispute between two individuals, which the parties have now amicably settled. 8. In view of the nature of the dispute, the settlement arrived at between the parties, and the fact that Respondent No.2 has no objection to the quashing of the F.I.R. and the consequential proceedings, I am of the considered view that the continuation of the proceedings against them would amount to an abuse of the process of law and would not serve the ends of justice. In the facts and circumstances of the present case, this is a fit case for exercise of the inherent jurisdiction of this Court. 9. In view of the above, the Petition is allowed in terms of prayer clauses (a), (b) and (c), which read thus: a) This Hon'ble Court, by exercising the writ jurisdiction vested in it u/s.482 of the Criminal Procedure Code, u/s 528 of B.N.S.S. read with Art. 226 of the Constitution of India be pleased to quash and set aside F.I.R. having C.R. No. 434/2023 registered with Islampur Police Station, District- Sangli for the offence punishable under Sections 324, 504 & 34 of I.P.C; b) This Hon'ble Court, by exercising the writ jurisdiction vested in it u/s.482 of the Criminal Procedure Code, u/s 528 of B.N.S.S. read with Art. 226 of the Constitution of India, be pleased Shailaja 907-WP-718-2026.odt to quash and set aside Charge Sheet No. 249 of 2023 and Criminal Proceeding having number RCC No. 337 of 2023 pending before the Ld. J.M.F.C. at Islampur; c) This Hon'ble Court, by exercising the writ jurisdiction vested in it u/s.482 of the Criminal Procedure Code read with Art. 227 of the Constitution of India, be pleased to quash and set aside the Issue Process order dated 17.8.2023 passed by Ld. J.M.F.C. at Islampur in RCC No. 337 of 2023 against the Petitioners; 10. The Rule is made absolute accordingly. 11. The Petition is disposed of. (ABHAY J. MANTRI, J.) Shailaja