H.C.SHIV 1.W2654.26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2654 OF 2026 Mohammed Alfaiz Ansari …Petitioner V/s. The State of Maharashtra & Anr. …Respondents Ms. Shagufa I. Ansari for the Petitioner. Mr. H. J. Dedhia, APP for Respondent No.1. Mr. Abhay Dolas for Respondent No.2. Mr. Manish Hajare, PSI, Borivali police station present. CORAM: SHYAM C. CHANDAK, J. DATED : 22nd SEPTEMBER, 2026 P.C. :- 1. At the outset, Ms.Ansari, learned Counsel for the petitioner seeks leave to amend to modify the prayer clause, as the charge- sheet has been filed in the impugned FIR. 2. Leave granted. Amendment to be carried out forthwith. 3. Present Petition seeks quashing and setting aside of the impugned FIR bearing Cr.No.309 of 2024, registered with Borivali police station, Mumbai for the offence punishable under Sections 376(2)(n), 201, 323, 504, 506 of the Indian Penal Code,1860 (“IPC”) and Section 67 of the Information Technology Act (“IT Act”) on the report dated 01.05.2024 lodged against the petitioner by Respondent No.2 (‘the victim’) and consequent Sessions Case No.336 of 2024, pending before the Sessions Court at Dindoshi, Mumbai. 4. The prosecution case is that, between March 2023 to May 2023, the petitioner and the victim got acquainted with each other, when the victim was attending classes for cyber security at XYZ HEMANT CHANDERSEN SHIV Digitally signed by HEMANT CHANDERSEN SHIV Date: 2026.09.29 11:58:07 +0300 H.C.SHIV 1.W2654.26.DOC place, where, the petitioner was a teacher. Gradually, they became friends and fell in love with each-other. Thereafter, the petitioner committed repeated sexual intercourse with the victim against her will, on a false pretext of marriage and, by threatening her to make viral her objectionable photos and defame her. He also abused her and assaulted by hand when she avoided to speak with him. Therefore, the aforesaid crime came to be registered. On completion of the investigation, the charge-sheet came to be filed. 5. The learned Counsel for the parties state that, now, the matter is amicably settled between the parties out of the Court. The victim does not want to prosecute the petitioner in the said crime, as she wants to part ways with the petitioner. Mr.Dolas, learned Advocate tendered an Affidavit sworn by the victim to that effect. It is taken on record and marked "X" for identification. 6. The victim is present before the Court. She is identified by her learned Advocate Mr.Dolas. She has reiterated the contents of the affidavit. She further states that she has filed the Affidavit out of her free will, without any pressure or coercion and, she has no subsisting grievance against the petitioner. The victim states that she has taken a firm stand not to prosecute the petitioner and she will maintain that stand before the trial Court. Even otherwise, considering the contents of the FIR, I am of the view that, the relationship between the two was consensual and the report was the result of the dispute between them. Therefore, no purpose would be served by continuing the prosecution arising out of the said FIR. In view thereof, I am inclined to allow the petition. 7. As I expressed my opinion for quashing of the present crime, learned Advocate for the petitioner, on instructions submitted that, the petitioner will voluntarily pay a costs of Rs.20,000/-. Said H.C.SHIV 1.W2654.26.DOC statement is accepted as an undertaking given to this Court. Hence, following order:- (a) Criminal Writ Petition No.2654 of 2026 is allowed. (b) The impugned FIR bearing Cr. No. 309 of 2024, registered with Borivali police station, Mumbai for the offence punishable under Sections 376(2)(n), 201, 323, 504, 506 of the IPC and Section 67 of the IT Act and consequent Sessions Case No.336 of 2024, pending before the Sessions Court at Dindoshi, Mumbai are quashed and set aside. 8. The petitioner is directed to pay a cost of Rs.20,000/- to the ‘Armed Forces Battle Casualties Welfare Fund’ within a period of two weeks from the date of uploading of the present Order on the official website of the High Court of Bombay and the payment receipt(s) shall be submitted in the Registry of this Court. Details of the bank account for payment of cost are as under :- Account Name :- Armed Forces Battle Casualties Welfare Fund (AFBCWF) Bank Name :- Canara Bank Ltd. DoD, South Block Branch Name :- South Block, Defence Headquarters, New Delhi – 110011. Account Number :- 90552010165915 IFSC Code :- CNRB0019055 Type of Account :- Saving 8.1 List this petitionon 23rd October, 2026 ‘for recording compliance. (SHYAM C. CHANDAK, J.)