H.C.SHIV 2-4.WP1597.26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2388 OF 2026 1. Mr. Arbaz Jamaluddin Khan 2. Mrs. Khaja Bi Jamaluddin Khan 3. Jamaluddin Jainuddin Khan 4. Mohammad Asif Naimullah Siddiqui …Petitioners. V/s. 1. The State of Maharashtra 2. Mrs. Sana Akbar Khan [[ …Respondents WITH CRIMINAL WRIT PETITION NO.1597 OF 2026 Mr. Maulana Abul Hasan Rahi Shaikh …Petitioner V/s. 1. The State of Maharashtra 2. Mrs. Sana Akbar Khan [[ …Respondents Mr. Zoheb Merchant with Galib Shaikh for Petitioners. Mr. V. A. Kulkarni, APP for Respondent No.1-State in WP No.1597/2026. Mr. Vinod Chate, APP for Respondent No.1-State in WP No.2388 of 2026. Ms. Nazneen Shaikh with Sousan Mulji for Respondent No.2. CORAM: SHYAM C. CHANDAK, J. DATED : 16th SEPTEMBER, 2026 P.C. :- 1. Heard learned Counsel for the parties. Perused the record. 2. The aforesaid Writ Petitions seek quashing and setting aside of the FIR bearing Cr. No.436 of 2024 registered with Meghwadi police station, Mumbai for the offence punishable under Sections 498A, 323, 504 read with 34 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 30th October 2024, filed by HEMANT CHANDERSEN SHIV Digitally signed by HEMANT CHANDERSEN SHIV Date: 2026.09.29 11:56:30 +0300 H.C.SHIV 2-4.WP1597.26.DOC Respondent No.2 (‘the victim’) and consequent criminal case being C.C.No.823/PW/2025 pending before the learned Judicial Magistrate First Class Railway Mobile Court at Andheri, Mumbai. Petitioner Nos.1 to 3 in WP/2388 are the husband and in-laws of the victim and petitioner in WP/1597 is the Quazi, who had performed the marriage between the victim with petitioner No.1 in WP/2388 on 18th December 2017. After the marriage, the victim went to cohabit in the family of petitioners. 3. It is alleged that, earlier, the victim had filed a Report dated 05.01.2019 alleging the offence of cruelty etc. against petitioner Nos.1 and 2 in WP/2388 and her sister-in-law. Said Report was regd. at Cr. No.4/2019 and resulting in CC No.2092/PW/2019. Thereafter, on 10.10.2020, the victim was taken for cohabitation to her matrimonial house by her husband. Further, she delivered a male child on 20.07.2023. It is alleged that, thereafter, the husband was not giving her money for her personal expenses. The husband and her in-laws used make illegal demand of money. They used to abuse her. It is alleged that on 15.04.2024, she was driven out of the house. It was followed by the notice of divorce dated 02.08.2024, signed by the Petitioner in WP/1597 and panchas, i.e., petitioner Nos.3 and 4 in WP/2388. Therefore, the aforesaid crime came to be registered. On completion of the investigation, the police filed the charge-sheet. 4. Learned Counsel for the parties state that, now, the petitioners and the victim have amicably settled their dispute. As per the settlement, the victim has consented and given her no objection to quash the impugned FIR and the consequent proceedings. An Affidavit affirmed by the victim to that effect is H.C.SHIV 2-4.WP1597.26.DOC produced by Ms. Shaikh, learned Advocate. It is taken on record and marked ‘X’. 5. The victim is present in the Court. She is identified by her learned counsel Mr. Nazneen Shaikh. She has reiterated the contents of the Affidavit. Therein, it is stated that the victim has accepted the Talaq-e-Rajai pronounced by the said notice dated 02.08.2024. Thus, the parties want to part their way and move ahead in life. The victim stated that she does not want to prosecute the petitioners in the said case and she is firm on her stand. 6. In the wake of above, no purpose would be served by continuing the prosecution arising out of the said FIR. That apart, considering the text of the FIR, it is appears that, frequent domestic disputes between the parties led to filing of the FIR. Therefore, I am inclined to allow the petition. 7. As I have expressed my opinion for quashing of the present crime, learned Advocates for the petitioners in WP/2388 and the learned Advocate for the victim in WP/1597, on instructions, submitted that the petitioner Nos.1 to 3 in WP/2388 will voluntarily pay a cost of Rs.15,000/- each and the victim will voluntarily pay a cost of Rs.15,000/- within a period of two weeks from the date of uploading of the Order. The said statements are accepted as an undertaking given to this Court. 8. Thus, the petition is allowed and following Order is passed :- (i) Criminal Writ Petition No. 2388 of 2026 and No. 1597 of 2026 are allowed. (ii) The FIR bearing Cr. No.436 of 2024 registered with Meghwadi police station, Mumbai for the offence punishable under Sections 498A, 323, 504 read with 34 of the IPC and H.C.SHIV 2-4.WP1597.26.DOC Section 4 of the Muslim Women (Protection of Rights on Marriage Act) 2019 and consequent criminal case being C.C. No.823/PW/2025 pending before the learned Judicial Magistrate First Class Railway Mobile Court at Andheri, are quashed and set aside. 9. Petitioner Nos.1 to 3 and Respondent No2 in Writ Petition No.2388 of 2026, are directed to pay a cost of Rs.15,000/- each to the ‘Armed Forces Battle Casualties Welfare Fund’ (AFBCWF) 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 9.1 List this petition on 16th October, 2026, ‘for recording compliance’. (SHYAM C. CHANDAK, J.)