MANOJ 2-WP-1219-2025.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1219 OF 2025 1. Ansab Naquib Wastewala 2. Naquib Wastewala 3. Lubna Naquib Wastewala 4. Naiema Mehran Khan 5. Mehran Moiddin Khan … Petitioners V/s. The State of Maharashtra and anr. …Respondents Ms. Farhana Shah a/w Ms. Anna Khan, Mr. Omar Shah, for the Petitioners. Mr. S.K.Gajare, APP for the Respondent No.1 – State. Ms. Tamanah Shaikh i/b Adv. Ashok Saraogi for the Respondent No.2. CORAM: SHYAM C. CHANDAK, J. DATED : 23rd SEPTEMBER, 2026 P.C. :- 1. As requested by the learned Counsel Mr. Shah, leave is granted to annex the charge-sheet and to modify the prayer clause, accordingly. 2. Heard learned Counsel for the parties. Perused the record. 3. Present petition seeks to quash and set-aside the proceedings bearing R.C.C.No.2758/2025 pending on the file of learned JMFC, Railway Court, Andheri, Mumbai arising out of an FIR bearing Cr.No.817/2024 registered with Oshiwara Police Station, for the offence punishable under Sections 498A, 377, 323, 504, 506, 406 and 34 of the Indian Penal Code, 1860 (“IPC”) on the report dated 30.07.2024 filed by Respondent No.2 (‘the victim’) against the petitioners. Page 1 of 4 WAKLE MANOJ JANARDHAN Digitally signed by WAKLE MANOJ JANARDHAN Date: 2026.10.06 19:06:48 +0530 MANOJ 2-WP-1219-2025.DOC 4. Petitioner No.1 is the husband and petitioner Nos.2 to 5 are the in-laws of the victim. The marriage between petitioner No.1 and the victim was solemnized on 07.10.2023. After the marriage, she went to cohabit in the family of the petitioners. 5. It is alleged that the petitioners abused and assaulted the victim on account of trivial domestic disputes. The petitioners abused and assaulted the victim to fulfil their unlawful demand of Rs.10,00,000/- to be brought from her parents, to purchase a tenement and establish a new business. Thus, the petitioners subjected the victim to physical and mental cruelty. Consequently, the aforesaid crime came to be registered and, upon completion of investigation, the charge-sheet came to be filed. 6. 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’ for identification. 7. The victim is present in the Court. She is identified by her advocate Ms. Shaikh. She has reiterated the contents of the Affidavit. The parties stated that a petition seeking divorce by mutual consent has been filed by them and, it is posted in the next month. Meanwhile, the marriage has been dissolved by Khulanama. The victim stated that she and 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 also stated that she is firm on her stand and, therefore, she has given her no objection for quashing of the MANOJ 2-WP-1219-2025.DOC impugned FIR and the consequent criminal proceedings. That apart, considering the text of the FIR, it appears that, frequent domestic disputes and the issuance of the notice of divorce by petitioner No.1 was the reason behind lodging of the delayed FIR. 8. In the wake of above, no purpose would be served by continuing the criminal proceedings arising out of the subject matter FIR. As a result, I am inclined to allow the petition. 9. As I have expressed my opinion for quashing of the present crime, learned Advocate for the petitioners on instructions, submitted that, the petitioners will voluntarily pay a cost of Rs.50,000/- within a period of two weeks from the date of uploading of the Order. The said statement is accepted as an undertaking given to this Court. 10. Thus, the petition is allowed and following Order is passed :- (i) Criminal Writ Petition No.1219 of 2025 is allowed. (ii) The FIR bearing Cr.No.817/2024 registered with Oshiwara Police Station, for the offence punishable under Sections 498A, 377, 323, 504, 506, 406 and 34 of IPC and consequent proceedings bearing R.C.C.No.PW/2758/2025 pending on the file of learned JMFC, Railway Court, Andheri, Mumbai are quashed and set-aside. 11. The petitioners are directed to pay a cost of Rs.50,000/- 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 :- MANOJ 2-WP-1219-2025.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 11.1 List this petition on 23rd October 2026, ‘for recording compliance’. (SHYAM C. CHANDAK, J.)