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2026 DAILYLAW 14804 (BOM)

NASIR RASHID KHAN AND ORS. v. STATE OF MAHARASHTRA AND ANR.

APL/1020/2024 · 2026-09-29

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Judgment text

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SA_MANDAWGAD 904 APL 1020-24M.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1020 OF 2024 Nasir Rashid Khan and Ors. … Applicant V/S. State of Maharashtra and Anr. … Respondents WITH CRIMINAL APPLICATION NO. 499 OF 2025 Imtiyaz Ahmed Sayyed and Ors. … Applicants V/S. State of Maharashtra and Anr. … Respondents Mr. Shushrut Jadhawar, for Applicants in Cri.Apln/1020/2024. Mr. Chinmay Apte, for Applicants in Cri.Apln/499/2025. Mr. Amit Saple, for Respondent No.2 in both applications. Ms. K.T. Hiwrale, APP for Respondent–State in both applications. Mr.W.V.Mhaske, PSI, Mulund PS, present. CORAM: SHYAM C. CHANDAK, J. DATED : 29th SEPTEMBER, 2026 P.C. :- 1. Heard learned Counsel for the parties. 2. Present applicants seek quashing and setting aside of criminal proceedings bearing C.C. No.355/PW/2024 pending on the file of the learned Judicial Magistrate, First Class, 27th Court at Mulund, Mumbai, arising out of an FIR bearing Cr. No.10 of 2024, registered with Mulund Police Station for offence punishable under Sections 498A, 406, 323, 504, 506 and 34 of the Indian Penal Code, 1860 (“IPC”) on the report dated 08.01.2024 lodged by Respondent No.2 (“the victim”). 3. The applicant in- Imtiyaz Ahmed Sayyed is the husband of the victim and, the other applicants are her in-laws. The marriage of the applicant and the victim was solemnized on 4th May 2023. After the marriage, she went to cohabit with the applicant’s family. SA_MANDAWGAD 904 APL 1020-24M.DOC 4. The allegations against the applicants, in brief, are that during the period from 4th May 2023 to 20th June 2023, the applicants repeatedly taunted the victim for being employed. The applicants demanded household articles from her parental home, and, upon her refusal, they abused and assaulted her by hands. When the victim was unwell, the applicants denied to bear her medical expenses. It is alleged that the other applicants used to instigate her husband to create quarrels between the couple. It is alleged that the applicants have misappropriated her stridhan valued at Rs.4,63,000/-. Therefore, the aforesaid crime came to be registered and, it led to filing of the charge-sheet. 5. Learned Counsel for the parties state that, now, the matter has been amicably settled between the parties. The marriage between the applicant and the victim has been dissolved by Khulanama and, the petition has been filed before the Family Court at Bandra for dissolution of the marriage. In view of the settlement, the victim has given her consent and no objection to quash and set aside the said FIR and the consequent criminal case. Mr. Saple, learned Counsel, has tendered an Affidavit sworn by the victim to that effect. The Affidavit is taken on record and marked ‘X’ for identification. 6. The victim is present before the Court. She is identified by Mr. Saple. She has reiterated the contents of her Affidavit. In the Affidavit, it is stated that due to conflict of interest, misunderstanding and difference of opinion, it was difficult for the parties to maintain their relationship. Therefore, she states that she and her husband have decided to get their marriage finally dissolved, part ways and move on in their respective lives. The victim states that, therefore, she does not want to prosecute the SA_MANDAWGAD 904 APL 1020-24M.DOC applicants in the said case and, she would maintain the same stand before the trial Court. In view thereof, no purpose will be served by continuing the criminal proceedings arising out of the said FIR. Therefore, I am inclined to allow the applications. 7. As I have expressed my opinion for quashing of the criminal case arising out of the said FIR, learned Advocate for the applicants, on instructions, submitted that the applicants will voluntarily pay a cost of Rs.25,000/- to Respondent No.2. Said statement is accepted as an undertaking given to this Court. Hence, following order:- (a) Applications are allowed. (b) Criminal proceedings bearing C.C. No.355/PW/2024, arising out of FIR bearing No.10 of 2024, registered with Mulund Police Station for offence punishable under Sections 498A, 406, 323, 504, 506 and 34 of the IPC pending on the file of the learned Judicial Magistrate, First Class, 27th Court at Mulund, Mumbai, are quashed and set aside. 8. The applicants are directed to pay a cost of Rs.25,000/- to Respondent No.2/victim 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 receipt thereof shall be submitted in the Registry of this Court. 8.1 List these applications on Board on 23rd October, 2026, ‘for recording compliance’. (SHYAM C. CHANDAK, J.) SANJAY ASARAM MANDAWGAD Digitally signed by SANJAY ASARAM MANDAWGAD Date: 2026.10.06 14:47:52 +0530