H.C.SHIV 5.W4192.26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4192 OF 2026 Faisal Mohammed Furkan Qureshi …Petitioner V/s. State of Maharashtra and Anr. …Respondents Ms. Amani Khan for the Petitioner. Ms. K. T. Hiwrale, APP for Respondent No.1-State. Mr. Meet Pandya for Respondent No.2. Mr. Umesh Jadhav, PSI, D. N. Nagar police station present. CORAM: SHYAM C. CHANDAK, J. DATED : 22nd SEPTEMBER, 2026 P.C. :- 1. Mr.Pandya, learned Counsel appears for Respondent No.2. The Registry to accept his Vakalatnama. 2. Heard learned Counsel for the parties. Perused the record. 3. Present petition seeks quashing and setting aside of the impugned FIR bearing Cr. No.403 of 2024, registered with D. N. Nagar police station, Mumbai for the offence punishable under Sections 376, 376(2)(n), 417 of the Indian Penal Code, 1860 (“IPC”), on the report dated 24.04.2024 filed against the petitioner by Respondent No.2 (‘the victim’) and consequent criminal case being Sessions Case No.385 of 2024, pending before the learned Sessions Court, Dindoshi, Mumbai. 4. The prosecution case is that, in the year 2020, the petitioner and the victim got acquainted with each other and then, love relationship developed between them. The petitioner impressed upon the victim that he would marry her. Thereafter, the petitioner HEMANT CHANDERSEN SHIV Digitally signed by HEMANT CHANDERSEN SHIV Date: 2026.09.29 11:58:54 +0300 H.C.SHIV 5.W4192.26.DOC repeatedly committed sexual intercourse with the victim at various places against her will on false pretext of marriage. In December 2021, the victim learnt that the petitioner was married. When she questioned him, he responded that said marriage was against his will; he will divorce his wife and marry the victim. This made the victim to trust upon the petitioner and continue their relationship. However, at the end, the petitioner refused to marry the victim. 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 parties have settled the dispute and the victim does not want to prosecute the petitioner in the said case. Mr.Pandya, learned Advocate tendered an Affidavit sworn by the victim to that effect. It is taken on record (marked "X"). The consent-cum-settlement terms are attached with the petition. The victim is present before the Court. She is identified by Mr.Pandya, learned Advocate. She has reiterated the contents of the Affidavit. She states that, now, her marriage is fixed and the present case will pose an obstacle in her marriage and future married life. Therefore, she has taken a firm that she does not want to prosecute the petitioner and she will maintain the said stand before the trial Court. That apart, the text of the Report filed by the victim indicates that the relationship between the two was consensual. Therefore, no purpose would be served by continuing the prosecution arising out of the said FIR. As a result, I am inclined to allow the petition. 6. 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.50,000/-. Said H.C.SHIV 5.W4192.26.DOC statement is accepted as an undertaking given to this Court. Hence, following order:- (a) Criminal Writ Petition No.4192 of 2026 is allowed. (b) The impugned FIR bearing Cr. No.403 of 2024, registered with D. N. Nagar police station, Mumbai for the offence punishable under Sections 376, 376(2)(n), 417 of the IPC and consequent criminal case being Sessions Case No.385 of 2024, pending before the learned Sessions Court, Dindoshi, Mumbai, are quashed and set aside. 7. The petitioner is directed to pay a cost of Rs.50,000/- 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 7.1 List this petition on 22nd October, 2026 ‘for recording compliance’. (SHYAM C. CHANDAK, J.)