AARISH ASGAR QURESHI AND ORS v. THE STATE OF MAHARASHTRA AND ORS
APL/1972/2026 · 2026-10-14
body2026
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[ 2026 DAILYLAW 20726 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 20726 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
P.H. JAYANI 912 APL1972.2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 1972 OF 2026
1. Aarish Asgar Qureshi
2. Haji Asgar Qureshi
3. Zaibunissa Asgar Qureshi
4. Aadil Asgar Qureshi
5. Kushi Aadil Qureshi
6. Shirin Zoyeb Qureshi
7. Farheen Reyaan Qureshi …. Applicants V/s. The State of Maharashtra and Ors. …Respondents Mr. Nitin Sejpal (through VC) a/w. Ms. Akshata B. Desai and Mr. Sahir Patel for the Applicants. Mr. Tanveer Khan, APP for the Respondent No.1 (through VC). Mr. P. Rajan Yadav for the Respondent Nos.2 and 3. Mr. Mahendra Bagwe, PSI, Mahim Police Station, present. Respondent Nos.2 and 3 are present in Court.
CORAM:
SHYAM C. CHANDAK, J.
DATED :
14th OCTOBER, 2026 P.C. :-
1. Heard learned Counsel for the parties. Perused the record. 2. Present application seeks to quash and set-aside the proceedings Sessions Case No.472/2018 pending before the learned Additional Sessions Judge, Gr. Mumbai including the charge framed thereunder, arising out of an FIR bearing Cr.No.346/2017 registered with Mahim Police Station, Mumbai for the offence punishable under Sections 498A, 376(b), 377, 406, 323, 504, 506 and 34 of the Indian Penal Code, 1860 (“IPC”) on the report dated 19.11.2017 filed by Respondent No.2, the father of Respondent No.3 (“the victim”) against the applicants. 3. Applicants were the husband and in-laws of the victim. Applicant No.1 and the victim had got married with each other on p. 1 P.H. JAYANI 912 APL1972.2026.DOC
15.11.2015. After the marriage, she went to cohabit in the family of the applicants. It is alleged that after the marriage till filing of the report, the victim was subjected to cruelty to coerce her to fulfill the unlawful demand of dowry made by the applicants. They misappropriated her Streedhan. There are allegations against the applicant No.1 of having committed an offence under Sections 377 and 376(b) of IPC against the victim. Therefore, the aforesaid crime came to be registered and charge-sheet came to be filed. 4. The learned Advocates for the parties state that, now, the dispute is amicably settled between the parties. After filing of the said case, applicant No.1 and the victim got their marriage dissolved. Further, they got re-married and enjoying peaceful and happy married life. Therefore, the victim does not want to prosecute the applicants in the Sessions Case. The Affidavits sworn by the victim and her informant-father to that effect, are enclosed with the application. 5. The victim and her father are present before the Court. The victim is identified by Mr. Yadav. She has reiterated the contents of the Affidavit. She states that since the matter has been amicably settled and her 2nd marriage is successful, she does not want to prosecute the applicants. She states that all her matrimonial claims have been satisfied by the applicants. The settlement appears amicable and voluntary. 6. In the wake of above, no purpose would be served by continuing the subject matter FIR. As a result, I am inclined to allow the petition. 7.
As I have expressed my opinion for quashing of the present crime, learned Advocates for the applicants and the victims on instructions, submitted that, the applicants will voluntarily pay a p. 2 P.H. JAYANI 912 APL1972.2026.DOC cost of Rs.50,000/- and the victims will voluntarily pay a cost of Rs.15,000/- 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. 8. Thus, the application is allowed. Hence, following Order :- (i) Criminal Application No.1972 of 2026 is allowed. (ii) The Sessions Case No.472/2018 pending before the learned Additional Sessions Judge, Gr. Mumbai including the charge framed thereunder, arising out of an FIR bearing Cr.No.346/2017 registered with Mahim Police Station, Mumbai for the offence punishable under Sections 498A, 376(b), 377, 406, 323, 504, 506 and 34 of IPC, are quashed and set-aside. 9. The applicants are directed to pay a cost of Rs.50,000/- and Respondent No.3 is directed to pay a cost of Rs.15,000/- 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 :- 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 application on 20th November, 2026, ‘for recording compliance’.
(SHYAM C. CHANDAK, J.) p. 3 PREETI HEERO JAYANI Digitally signed by PREETI HEERO JAYANI Date: 2026.10.17 18:14:58 +0530