ANSAB NAQUIB WASTEWALA AND ORSversusTHE STATE OF MAHARASHTRA

WAKLE
MANOJ                 MANOJ                                                2-WP-1219-2025.DOC
JANARDHAN
Digitally signed by
WAKLE MANOJ
JANARDHAN                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2026.10.06
19:06:48 +0530                  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.


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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

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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 :-

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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.)




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