P.H. JAYANI 12 WP4117.2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4117 OF 2026 1. Omar Ahmed Shaikh 2. Sharifa Yamin Ansari 3. Saad Ahmed Shaikh …. Petitioners V/s. The State of Maharashtra and anr. …Respondents Mr. Zoheb Merchant a/w. Mr. Galib Shaikh and Adv. Maruja Khan for the Petitioners. Mr. Vinod Chate, APP for the Respondent No.1 – State. Ms. Nazneen Shaikh a/w. Adv. Sousan Mulji for the 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 R.C.C.No.11906/2025 pending on the file of learned JMFC, Mira Bhayander, Thane, arising out of an FIR bearing Cr.No.I-103/2022 registered with Naya Nagar Police Station, Mira-Bhayander, Vasai-Virar Police for the offence punishable under Sections 498A, 406, 323, 504, 506 read with 34 of the Indian Penal Code, 1860 (“IPC”) on the report dated 19.02.2022 filed by Respondent No.2 (‘the victim’) against the petitioners. 2. Heard learned Counsel for the parties. Perused the record. 3. Petitioner No.1 is the husband and petitioner Nos.2 and 3 are the in-laws of the victim. The marriage between petitioner P.H. JAYANI 12 WP4117.2026.DOC No.1 and the victim was solemnized on 19.07.2019. After the marriage, she went to cohabit in the family of the petitioners. It is alleged that, the petitioners subjected the victim to cruelty on account of trivial domestic disputes and, not bringing dowry. They used to abuse and assault her when she objected them. Petitioner No. 1 allegedly assaulted her despite he knew that she was pregnant. It was further alleged that petitioner No. 1 was involved in an illicit relationship with other women and hence, she was being forced to give him a talaq. When the victim refused for the same, she was beaten up. Therefore, the aforesaid crime came to be registered and charge-sheet was filed. 4. Learned Advocates for the parties state that, now, the petitioners and the victim have amicably settled their dispute. As per the settlement, the marriage between petitioner No.1 and the victim has been dissolved as per their personal laws. The victim has consented and has given her no objection to quash the impugned FIR and the consequent proceedings. Ms. Shaikh, learned Advocate tendered an Affidavit sworn by the victim to that effect. It is taken on record and marked ‘X’. 5. The victim is present in the Court. She is identified by Ms. Shaikh. She has reiterated the contents of the Affidavit. The victim has stated that the petition seeking divorce by mutual consent has been filed by the parties and it is posted in the next month. She further stated that, meanwhile, the marriage has been dissolved by Khulanama. She and the petitioner No.1 have decided to part ways and live their lives as per their choice. Therefore, she does not want to prosecute the petitioners in the said case. The victim is firm on her stand and, therefore, she has given her no objection for quashing of the impugned FIR and the consequent criminal P.H. JAYANI 12 WP4117.2026.DOC proceedings. That apart, considering the text of the FIR, it appears that, frequent domestic disputes was the cause behind lodging of the said FIR. As a result, I am inclined to allow the petition. 6. As I have expressed my opinion for quashing of the present crime, learned Advocates for the petitioners and the victim on instructions, submitted that, the petitioners will voluntarily pay a cost of Rs.60,000/- 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. 7. As a result, the petition is allowed and following Order is passed :- (i) Criminal Writ Petition No.4117 of 2026 is allowed. (ii) The Cr.No.I-103/2022 registered with Naya Nagar Police Station, Mira-Bhayander, Vasai-Virar Police for the offences punishable under Sections 498A, 406, 323, 504, 506 read with 34 of the IPC and R.C.C.No.11906/2025 pending on the file of learned JMFC, Mira Bhayander, Thane, are quashed and set-aside. 8. The petitioners are directed to pay a cost of Rs.60,000/- and the victim is directed to pay a cost of Rs.15,000/- 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 :- P.H. JAYANI 12 WP4117.2026.DOC 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 petition on 16th October 2026, ‘for recording compliance’. (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Digitally signed by PREETI HEERO JAYANI Date: 2026.09.29 13:04:45 +0530