HC orders 4 youths to do community service at Mahim dargah\, kabristan

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HC orders 4 youths to do community service at Mahim dargah, kabristan

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They were caught assaulting each other

The Bombay High Court on Friday quashed the charge sheet against four youngsters and directed them to contribute three hours to community service at Mahim dargah and Mahim kabristan for four consecutive Sundays from 11 a.m. to 2 p.m.

A Division Bench of Justices B.P. Dharmadhikari and Revati Mohite-Dere was hearing a petition filed by Abdul Rahim Junaid Ansari (19) and Mohammed Athar Vasiulla Shaikh (22) seeking to quash the charge sheet filed against them.

The FIR was registered by Ashutosh Meher (18) and Bhushan Pednekar at the Mahim police station. Mr. Ansari and Mr. Shaikh were charged with Sections 141 (unlawful assembly), 143 (punishment), 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object), 323 (punishment for voluntarily causing hurt) and 324 (voluntarily causing hurt by dangerous weapons or means) of the Indian Penal Code.

On December 3, 2017, the petitioners along with their friends went to the Makhdoom Shah Mahim Fair. At 9.30 a.m., a friend of the petitioners’ pushed Mr. Meher and Mr. Pednekar, who then assaulted the petitioners and their friends. They hit the petitioners with their fists and bamboo sticks and one of the petitioner’s friends sustained an injury and was hospitalised.

Bail granted

On December 4, 2017, Mr. Ansari and Mr. Shaikh were granted bail by the chief metropolitan magistrate at Bandra. Thereafter, the charge sheet was filed and the two came to court to quash it on July 11, 2018 after filing an affidavit or consent terms.

The court was informed of a case and a cross case. The two parties registered an FIR against each other for the same offence on the same day and were immediately released on bail.

Mutual consent

The court was told that the disputes and differences were resolved through mutual consent and so proceedings should be brought to an end. The court therefore agreed to quash the charge sheet and directed all four to render community service.

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