H.C.SHIV 3.WP2387.26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2387 OF 2026 1. Mr. Arbaz Jamaluddin Khan 2. Mrs. Khaja Bi Jamaluddin Khan 3. Rukhsaar Imran Khan …Petitioners 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. 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. Present petition seeks quashing and setting aside of the FIR bearing Cr. No.4 of 2019, registered with Meghwadi police station, Mumbai for the offence punishable under Sections 498A and 34 of the Indian Penal Code, 1860 (“IPC”) on the report dated 5th January 2019 filed by Respondent No.2 (‘the victim’) and consequent criminal case being C.C. No.2092/PW/2019 pending before the learned Judicial Magistrate First Class Railway Mobile Court at Andheri, Mumbai. 3. Petitioner Nos.1 to 3 are the husband, mother-in-law and sister-in-law of the victim, respectively. Petitioner No.1 and the victim got married with each-other on 18th December 2017 out of their love relationship. It is alleged that between February 2018 to 13th October 2018, the petitioners subjected the victim to cruelty by taunting, abusing, assaulting and humiliating her for not bringing anything from her parental home. It is also alleged that, whenever HEMANT CHANDERSEN SHIV Digitally signed by HEMANT CHANDERSEN SHIV Date: 2026.09.29 11:57:17 +0300 H.C.SHIV 3.WP2387.26.DOC the victim felt ill, the petitioners sent her to her parental house so that her parents would bear all the expenses. Therefore, the aforesaid crime came to be registered, resulting in 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 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 petitioner No.3 and the victim on instructions, submitted that, petitioner No.3 and the victim will voluntarily pay a cost of Rs.15,000/- each 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. H.C.SHIV 3.WP2387.26.DOC 8. Thus, the petition is allowed and following Order is passed :- (i) Criminal Writ Petition No.2387 of 2025 is allowed. (ii) The FIR bearing Cr. No.4 of 2019, registered with Meghwadi police station, Mumbai for the offence punishable under Sections 498A and 34 of the IPC and consequent criminal case being C.C. No.2092/PW/2019 pending before the learned Judicial Magistrate First Class Railway Mobile Court at Andheri, Mumbai, are quashed and set-aside. 9. Petitioner No.3 and the victim 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.)