In the first week of January 2025, the Bombay High Court refused to quash two FIRs filed by a Hindu and Muslim family against each other saying that the communal frenzy between the two communities forced both families to launch cross cases against each other. This is after both the families belonging to the two different communities in the same locality in Mumbai decided to withdraw the cross complaints and live peacefully. However, the court said that specific contentions of offences were found in both the FIRs, and hence, the case needed to be heard.
“It appears that the communal frenzy between the two communities has led to the scuffle. Offenses are clearly made out in both the FIRs. Thus, both the petitions are dismissed,” a division bench of Justice Ravindra Ghuge and Justice Rajesh Patil said on January 4th. “Communal frenzy between the two communities led to a scuffle and thus, both the families ended up lodging cross cases against each other,” it added.
The bench considered both the petitions, one filed by the Hindu family and the other one filed by the Muslim family. Both petitions pleaded to quash the FIRs filed on 12th October last year. In the FIR filed by the Muslim family, one of the girls stated that the neighbouring Hindu family abused the women of her family and also assaulted folk men from the community when they were heading towards the market for wedding preparations scheduled in the Muslim family.
The complaint by the Muslims stated that the Hindu men also termed the Muslim women as prostitutes and attacked their male relatives resulting in the lodging of an FIR. The complaint by the Muslims was filed under sections 115 (2), 352, 79, and 3 (5) of the Bharatiya Nyaya Sanhita, 2023. A religious function was conducted in the neighboring Hindu home. The woman from the Muslim community told one of the members of the Hindu family that whatever was happening was not good. This allegedly irked the male members of the Hindu family who abused them and launched an attack on their men.
On the other hand, the Hindu family filed a complaint saying that the Muslim family objected to the religious event being conducted at their place. “They (Muslims) had objected to the Hindu community from performing religious ceremonies and insisted that the loudspeaker should not be used. It is alleged that they climbed up on the stage in the pandal and desecrated the statute of a deity and the male members were beaten up with fists and kicks. There is an allegation of injuries being suffered by these persons who lodged the second FIR (Hindus),” the Court was informed.
However, on 2nd January, both the parties filed a petition saying that they now wanted to live peacefully and had resolved their issues amicably. They requested the court to quash the FIRs and terminate the criminal proceedings. However, the court refused to quash the FIRs and dismissed the petition instead. The court noted that the offenses in question are not mere personal disputes or family disagreements but are crimes against society.
The court further rejected the claim by both families stating they had resolved the issue and intended to stay peacefully. Acknowledging the specific allegations in both FIRs, the bench concluded that the legal process should proceed through trial.
