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2026 DAILYLAW 17561 (BOM)

MUJAHID KHAN SIRAJ KHAN AND OTHERS v. THE STATE OF MAHARASHTRA AND ANOTHER

APPLN/2480/2026 · 2026-10-06

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Judgment text

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-1- 977-APPLN-2480-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2480 OF 2026 1. Mujahid Khan S/o Siraj Khan, Age : 35 years, Occ : Auto Driver, [Husband] 2. Shahin Begum W/o Siraj Khan, Age : 50 years, Occ : Household, [Mother-in-Law] 3. Siraj Khan S/o Rahim Khan, Age : 55 years, Occu : Auto Drivers, [Father-in-Law] 4. Arbaz Khan S/o Siraj Khan, [FIR Name- Arbaz Khan] Age : 25 years, Occu: Auto Drivers, [Brother-in-Law] 5. Arshad Khan S/o Siraj Khan, Age : 26 years, Occu: Mechanical, [Brother-in-Law] 6. Amjat Khan S/o Siraj Khan, [FIR Name- Amjad Khan] Age : 30 years, Occu : Auto Drivers, [Brother-in-Law] 7. Riyaz Khan S/o Siraj Khan, Age : 35 years, Occ: Auto Drivers, [Brother-in-Law] [All R/o: Nai Abadi Near Aabedin Masjid, Shivaji Nagar Rural Nanded, Dist: Nanded.] 8. Saleha W/o Babu Sayyad, [FIR Name - Saliya Begum W/o Bablu] Age : 20 years, Occu : Nil., R/o: at post Katkalamba, Tq: Kandhar, Dist: Nanded. … Applicants Versus 2026:BHC-AUG:47440 -2- 977-APPLN-2480-2026 1. The State of Maharashtra, Through the In-Charge Police Officer, Nanded Rural Police Station, Dist. Nanded. 2. Samiya Begum W/o Mujahid Khan, Age : 20 years, Occu: Household, R/o: Nai Abadi Near Aabedin Masjid, Shivaji Nagar Rural Nanded, Dist: Nanded. … Respondents ..... Advocate for Applicant : Mr. G. R. Syed APP for Respondent - State : Mr. K. K. Naik Advocate for Respondent No.2 : Mr. Kazi Rahil Riyazoddin ..... CORAM : HITEN S. VENEGAVKAR, J. DATED : 06th OCTOBER, 2026 PER COURT : 1. Heard learned Advocate for applicants, learned Advocate for respondent no.2 - wife and the learned APP for the State. 2. Present application is for quashing of the FIR bearing Crime No.148 of 2026, registered with Nanded Rural Police Station, Dist. Nanded, for offences punishable under Sections 85, 115(2), 352, 351(2), 351(3) and 3(5) of Bharatiya Nyaya Sanhita (BNS) and consequential criminal proceedings bearing R.C.C. No.643 of 2026 pending on the file of Judicial Magistrate First Class, Nanded. -3- 977-APPLN-2480-2026 3. Learned Advocate for the applicants submits that the present proceedings arise out of the matrimonial discord between the parties and due to which the FIR has been lodged. He submits that without getting into the merits, the applicants have amicably settled the dispute between themselves. 4. Both the learned Advocates for the parties jointly submit that as per the procedure adopted by this Court and also in compliance of the earlier order of this Court, the parties have appeared before the learned Registrar (Judicial) on 28.07.2026 and have got themselves verified along with the consent terms. The consent terms are placed on record. It is absolutely correct to state that the allegations and the dispute between the parties concerns the matrimonial dispute and there are matrimonial allegations which are made against each other. The affidavit of respondent No.2 is on record and the said affidavit in paragraph No. 4 states that the parties have made sincere efforts to resolve the dispute between themselves with the successful intervention of family members, family elders and respected persons and mediators of the society and accordingly have amicably settled the dispute. It is also stated in the affidavit that parties have started cohabitation since 20.06.2026 and the matrimonial relationship between both of them is restored. The parties are residing and living together as -4- 977-APPLN-2480-2026 husband and wife and the entire family dispute between them has been resolved. 5. Taking into consideration the affidavit of respondent No.2 and the affirmation shown by the applicant himself through his advocate, I am of the opinion that the present criminal application can be allowed. Hence, the following order : ORDER (i) The Criminal Application stands allowed. (ii) The Crime No.148 of 2026 registered with Nanded Rural Police Station, Dist. Nanded and the consequential criminal proceeding bearing R.C.C. No. 643 of 2026 pending on the file of the Learned Judicial Magistrate First Class at Nanded, Dist. Nanded, for the offences punishable under Sections 85, 115(2), 352, 351(1), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita (BNS), and also the order dated 31.03.2026 passed by the Learned Judicial Magistrate First Class at Nanded, issuing summons to the accused as well as all consequential proceedings arising therefrom, are hereby quashed and set aside. (iii) The interim applications and interim reliefs, if any, stands disposed of. (HITEN S. VENEGAVKAR) JUDGE Tandale