P.H. JAYANI 11 WP4022.2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4022 OF 2026 1. Mr. Shoaib Shahid Shaikh 2. Mrs. Samina Shahid Shaikh 3. Jareena Bee Abdul Shaid Shaikh …. Petitioners V/s. The State of Maharashtra and anr. …Respondents Adv. Mehboob Shaikh for the Petitioners. Mr. R.M. Pethe, APP for Respondent No.1 – State. Ms. Kulsum Shah for Respondent No.2. CORAM: SHYAM C. CHANDAK, J. DATED : 18th SEPTEMBER, 2026 P.C. :- 1. Present petition seeks to quash and set-aside the proceedings bearing CC No.1107/PW/2025 pending on the file of the learned Metropolitan Magistrate, Court at Borivali, arising out of an FIR bearing Cr.No.52/2024 registered with Khar Police Station, Dist. Mumbai for the offence punishable under Sections 498A, 406, 323, 504, 506 of the Indian Penal Code,1860 (“IPC”) and Section 4 of The Muslim Women (Protection of Rights on Marriage) Act, 2019 on the report dated 19.01.2024 filed by Respondent No.2 (‘the victim’) against the petitioners. 2. Heard learned Counsel for the parties. Perused the record. Ms. Kulsum Shah, learned Counsel for the victim has tendered her Vakalatnama. It is taken on record. 3. Petitioner No.1 is the husband and the other petitioners are in-laws of the victim. The marriage between petitioner No.1 and P.H. JAYANI 11 WP4022.2026.DOC the victim was solemnized on 24.11.2023. It is alleged that, when the victim got pregnant, the petitioners assaulted her to force her to terminate the pregnancy. It is alleged that the petitioners demanded Rs.5,00,000/- from the victim for purchasing a car and setting up a new business for petitioner No.1, if she want to peacefully cohabit with them. She was then driven out of the house and, On 19.01.2024, petitioner No.1 pronounced a Talaq on phone. It is alleged that the petitioners misappropriated her Streedhan. Therefore, the aforesaid crime came to be registered and it followed the charge-sheet. 4. Learned Advocates for the parties state that, now, the petitioners and the victim have amicably settled their dispute with the involvement of the family members from both sides. The victim has resumed her matrimonial home. Now, the petitioners and the victim are residing together. They have no complaints against each other. Therefore, the victim has consented and has given her no objection to quash the impugned FIR and the consequent proceedings. Ms. Shah, learned Advocate tendered an Affidavit sworn by the victim to that effect (marked ‘X’). 5. The victim is present in the Court. She is identified by Ms. Shah. She has reiterated the contents of the Affidavit. Therein, the victim has stated that she and the petitioners have settled the dispute and have decided to live together and continue the marriage. Hence, she has given her no objection for quashing of the impugned FIR and the consequent criminal proceedings. 6. Therefore, no purpose would be served by continuing the prosecution arising out of the impugned FIR. As a result, I am inclined to allow the petition. Page 2 of 3 P.H. JAYANI 11 WP4022.2026.DOC 7. Hence, following Order is passed :- (i) Criminal Writ Petition No.4022 of 2026 is allowed. (ii) The FIR bearing Cr.No.52/2024 registered with Khar Police Station, Dist. Mumbai for the offences punishable under Sections 498A, 406, 323, 504, 506 read with 34 of the IPC and Section 4 of The Muslim Women (Protection of Rights on Marriage) Act and the consequent criminal proceedings bearing CC No.1107/PW/2025 pending on the file of learned Metropolitan Magistrate, Court at Borivali, are quashed. (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Digitally signed by PREETI HEERO JAYANI Date: 2026.09.29 13:04:31 +0530