Mumbai: Observing that it was a crime against the society, the Bombay High Court refused to quash two cross FIRs filed by two families from Hindu and Muslim communities against each other following a scuffle in October 2024.
While emphasising that the offences are clearly made out in both the FIRs, a bench of Justices Ravindra Ghuge and Rajesh Patil also noted that the “communal frenzy between the two communities led to the scuffle”.
About The Case
The HC was hearing two petitions filed by both families seeking quashing of the FIRs contending they desire to live peacefully and they have decided to settle the issue. On October 12 last year, police had filed FIRs against them under various sections of the Bharatiya Nyaya Sanhita (BNS) for voluntarily causing hurt, intentionally insulting someone to breach peace and outraging modesty of a woman.
The Muslim family claimed that on October 11, due a marriage in the family they had gone shopping, when they saw the Hindu family in their neighbourhood performing religious ceremonies in a pandal. When one of the women from the group told them it was wrong, the Hindu family allegedly abused her in foul language and assaulted her, her mother and her three brothers.
On the other hand, the Hindu family filed a cross FIR claiming that they were performing religious rituals when the Muslim family objected to the same. They even climbed up on the stage in the pandal and desecrated the statue of a deity and the male members were beaten up with fists and kicks.
Prosecution Opposes The Quashing Of Th FIRs
The prosecution opposed the quashing of the FIRs stating that the offence was not merely a dispute between two families but is an offence against the society where the ladies were beaten up and verbally abused.
The bench agreed with the prosecution and refused to quash the FIRs saying: “We find that the present case… , needs to be tried before the Competent Court.”
“The process of law would take its own course through the trial. We are not convinced that we should exercise our jurisdiction under Section 482 of the Cr.PC and ends of justice would not be met by quashing both the FIRs,” the bench added while dismissing the petitions.
