'Communal Frenzy' Led to Scuffle Between Hindu & Muslim Family: Bombay High Court Refuses To Quash Cross FIRs Against Both Families

The Bombay High Court recently refused to quash two cross First Information Reports (FIR) lodged by Hindu and Muslim families against each other respectively after the two families allegedly had a scuffle.

In doing so a division bench of Justice Ravindra Ghuge and Justice Rajesh Patil noted that the 'communal frenzy' between the two communities, which led to a scuffle and thus, both the families ended up lodging cross cases against each other.

"It appears that the communal frenzy between the two communities has led to the scuffle. Offences are clearly made out in both the FIRs. Thus, both the petitions are dismissed," the judges said in the order pronounced on January 4.

The bench was seized with two writ petitions - one filed by the Muslim family and the other by the Hindu family - both seeking to quash the FIRs lodged against them on October 12, 2024 under sections 115 (2) (voluntarily causing hurt), 352 (intentionally insulting someone to breach peace) and 79 (outraging modesty of a woman) of the Bharatiya Nyaya Sanhita (BNS).

Muslim family alleged there was a marriage of a boy in the family and thus, they were out for shopping and while going for the same, they saw a Hindu family in their neighbourhood performing some religious function. One of the family members, told a woman in the Hindu family that whatever they were doing was not good. This was allegedly retaliated in vehemence by the members of the Hindu family, with foul language and filthy abuses and subsequently, there was allegedly an attack on the Muslim family, in which several men of their family were hurt and even two women, one aged, sustained injuries in the scuffle.

On the other hand, the Hindu family in their FIR alleged that they were performing religious rituals and the members of the Muslim family suddenly came there, and objected to the ceremony. The Muslim family members even objected to the use of loudspeaker for the rituals and allegedly desecrated the deity's statue on the stage and later attacked the male members of the Hindu family, who sustained injuries.

The Advocates for the Petitioners in both the Petitions, submitted that now both the parties desire to live peacefully and they have decided to settle the issue. They prayed that the FIRs be quashed and the criminal proceedings be brought to an end.

The prosecutors appearing for the State, in both the petitions, together opposed the petitions for quashing of the cross FIRs contending that the offence involved in the instant case is against the society and not a personal rift, or a family dispute. The prosecutors junked the contention of both the families that they have now amicably settled their disputes and now have agreed to quash both the FIRs lodged against each other.

"On a simple sentence/utterance of the Complainant (Muslim family), led to a serious reaction by the Accused, who not only used abusive and filthy language, but even went on to address the lady members, including the Complainant, as prostitutes. The ladies were beaten up and they have suffered injuries. This is a crime against the society," the prosecutors submitted.

The bench therefore, noted that specific contentions of offences are found in both the FIRs. "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 FIR," the bench opined, while dismissing both the cases.

Case Title: Vijay Sonkar and Others vs State of Maharashtra & Ors. vs. Shirin Faizan Shaikh and Others vs State of Maharashtra & Ors.

Citation: 2025 LiveLaw (Bom) 8

Counsel for Vijay Sonkar and Others: Advocates Shane Illahi Turky and Karim Pathan

Counsel for Shirin Faizan Shaikh and Others: Advocate Fazlurrahman Shaikh

Counsel for State: Additional Public Prosecutor PN Dabholkar and RM Pethe

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