Mumbai, Dec. 24 -- The Bombay High Court on Monday quashed an FIR lodged against a man for allegedly stopping a woman and her friends from feeding stray dogs near his housing society, saying the criminal complaint lodged against him, four months after the alleged altercation, was 'an abuse of the process of law'. At a time when the feeding of stray dogs continues to be a contentious issue around the country, the high court said that obstructing the feeding of stray dogs in places that are not designated feeding spots does not amount to wrongful restraint under section 126 of the Bharatiya Nyaya Sanhita (BNS). Ayyapa Swami, 42, a Pune-based banker, had moved court after the FIR for wrongful restraint and other sections under the Bharatiya Nyaya Sanhita (BNS) was lodged against him on January 24. According to the FIR, Swami had stopped IT professional and social worker Rushali Gupta, 42, from feeding stray dogs near the gate of his housing society,Megapolis Mystic, in Hinjewadi, Pune. Swami's lawyer argued that Gupta and her friends were feeding stray dogs in the society premises during school hours, specifically near the school bus pick-up area and the entry-exit footpath of the society, raising concerns over children's safety as the society had reported 40 cases of dog bites in 11 months. "The alleged obstruction was not for committing any illegal act, but for ensuring the safety of the children of the society, in light of the fact that about 40 incidents of dog attack/bites had occurred in the society. This was sufficient for the applicant (Swami) to prevent respondent no 2 (Gupta) and her friends from feeding stray dogs in the society. By no stretch of imagination, it can be stated that such an obstruction was illegal," a division bench of justice Revanti Mohite Dere and justice Sandesh Patil observed. Swami and Gupta are both residents of gated residential towers in Hinjewadi and the spat between them was much like those in housing societies where feeding stray animals remains a polarising issue. The duo first had an argument over feeding of stray dogs in September 2024, when Gupta and her friends were allegedly stopped from recording a video while Swami and other members of the Megapolis Mystic housing society were telling them not to feed stray dogs. Gupta alleged that Swami had even obstructed her from getting into her car. Swami's lawyer claimed that Gupta's FIR was a counterblast to Swami's non-cognisable offence of January 13 at the Hinjewadi police station, after Gupta and her friends allegedly threatened him, again after an argument over feeding stray dogs. The High Court said: "Feeding of stray dogs in particular areas, more particularly, footpath, entry and exit points of the society and school bus stop, where the kids of the society board and alight from school buses, is very crucial for the safety of the children and that obstructing from feeding the stray dogs in these areas cannot be said to be a voluntary obstruction within the meaning of section 126 of the BNS." The court relied on the Supreme Court's decision in August in its suo motu case against stray dogs in Delhi and said that approximately 37.15 lakh dog bites occurred in India in 2024, and in several cases, human lives were lost due to trauma and rabies infection. "...the presence of aggressive stray dogs on streets are causing grave risk to the lives of children and elderly people, as well as other vulnerable sections of society and that they are unable to access streets and parks because of the fear of being attacked and bitten by the rabies infected stray dogs," the High Court said....