Bombay High Court

NASIR RASHID KHAN AND ORS.versusSTATE OF MAHARASHTRA AND ANR.

Decided: 29 September 2026
Disposal: Allowed

Holding

The Court allowed the applications and quashed the criminal proceedings arising from the FIR.

Summary

The victim filed an FIR alleging offences under Sections 498A, 406, 323, 504, 506 and 34 IPC against her husband and his family members for alleged domestic abuse and misappropriation of her stridhan. The accused filed applications seeking quash of the criminal proceedings, claiming the matter had been amicably settled and the victim consented to withdraw the case. The victim appeared before the Court, affirmed her affidavit stating that the marriage had been dissolved and she no longer wished to prosecute. The Court, noting the victim's clear consent and the settlement, allowed the applications and ordered the FIR and the pending criminal case to be quashed and set aside. The Court also directed the accused to pay a cost of Rs.25,000 to the victim as an undertaking.

Issues considered

Whether a criminal case under Sections 498A, 406, 323, 504, 506 and 34 IPC can be quashed on the ground of settlement and the victim's consent to withdraw prosecution.

Legislation cited

Indian Penal Code — s. 323, 34, 406, 498A, 504, 506

Subjects

quash of criminal proceedings
IPC 498A
domestic violence
victim consent
settlement
cost award
marriage dissolution

Judgment

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 4 th May 2023.
After the marriage, she went to cohabit with the applicant’s family.

Page 1 of 3
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

Page 2 of 3
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.)
Digitally signed
by SANJAY
ASARAM
SANJAY MANDAWGAD
ASARAM
MANDAWGAD Date:
2026.10.06
Page 3 of 3
14:47:52
+0530

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