Bombay High Court

ARBAZ JAMALUDDIN KHAN AND ORSversusSTATE OF MAHARASHTRA AND ANR

Decided: 16 September 2026
Disposal: Disposed Off

Holding

The High Court quashed the FIR and the pending criminal case, holding that the victim’s consent and settlement remove the basis for prosecution under Sections 498A and 34 IPC.

Summary

The petitioners, who are the husband, mother‑in‑law and sister‑in‑law of the victim, filed a criminal writ petition seeking quashing of FIR No.4 of 2019 registered under Sections 498A and 34 IPC for alleged cruelty. The victim, who had originally lodged the FIR, later entered into an amicable settlement with the petitioners and executed an affidavit withdrawing her objection to the prosecution. The High Court, noting the victim’s consent and the absence of public interest in continuing the case, exercised its power to quash the FIR and the pending criminal case. The court also ordered the petitioner‑3 and the victim to each pay a cost of Rs.15,000 to the Armed Forces Battle Casualties Welfare Fund. The order was recorded for compliance on a later date.

Issues considered

The court’s jurisdiction to quash an FIR under Sections 498A and 34 IPC on the basis of the victim’s consent and settlement.
Whether a private settlement between the parties bars continuation of criminal prosecution for cruelty under Section 498A.
The applicability of Section 34 IPC (common intention) in the present facts.

Legislation cited

Indian Penal Code — s. 34, 498A

Subjects

Domestic violence
Section 498A
Criminal Procedure
Quashing of FIR
Victim consent
Cruelty
Common intention

Judgment

HEMANT
CHANDERSEN            H.C.SHIV                                                     3.WP2387.26.DOC
SHIV
Digitally signed by
HEMANT                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CHANDERSEN SHIV
Date: 2026.09.29                      CRIMINAL APPELLATE JURISDICTION
11:57:17 +0300
                                    CRIMINAL WRIT PETITION NO.2387 OF 2026
                      1. Mr. Arbaz Jamaluddin Khan
                      2. Mrs. Khaja Bi Jamaluddin Khan
                      3. Rukhsaar Imran Khan                                 …Petitioners
                                 V/s.
                      1. The State of Maharashtra
                      2. Mrs. Sana Akbar Khan                                …Respondents



                      Mr. Zoheb Merchant with Galib Shaikh for Petitioners.
                      Mr. V. A. Kulkarni, APP for Respondent No.1-State.
                      Ms. Nazneen Shaikh with Sousan Mulji for Respondent No.2.


                                                   CORAM:       SHYAM C. CHANDAK, J.
                                                   DATED :      16th SEPTEMBER, 2026
                      P.C. :-
                      1.         Heard learned Counsel for the parties. Perused the record.

                      2.         Present petition seeks quashing and setting aside of the FIR
                      bearing Cr. No.4 of 2019, registered with Meghwadi police station,
                      Mumbai for the offence punishable under Sections 498A and 34 of
                      the Indian Penal Code, 1860 (“IPC”) on the report dated 5th January
                      2019 filed by Respondent No.2 (‘the victim’) and consequent
                      criminal case being C.C. No.2092/PW/2019 pending before the
                      learned Judicial Magistrate First Class Railway Mobile Court at
                      Andheri, Mumbai.

                      3.         Petitioner Nos.1 to 3 are the husband, mother-in-law and
                      sister-in-law of the victim, respectively. Petitioner No.1 and the
                      victim got married with each-other on 18 th December 2017 out of
                      their love relationship. It is alleged that between February 2018 to
                      13th October 2018, the petitioners subjected the victim to cruelty by
                      taunting, abusing, assaulting and humiliating her for not bringing
                      anything from her parental home. It is also alleged that, whenever

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H.C.SHIV                                                   3.WP2387.26.DOC



the victim felt ill, the petitioners sent her to her parental house so
that her parents would bear all the expenses. Therefore, the
aforesaid crime came to be registered, resulting in the charge-sheet.

4.         Learned Counsel for the parties state that, now, the
petitioners and the victim have amicably settled their dispute. As
per the settlement, the victim has consented and given her no
objection to quash the impugned FIR and the consequent
proceedings. An Affidavit affirmed by the victim to that effect is
produced by Ms. Shaikh, learned Advocate. It is taken on record
and marked ‘X’.

5.         The victim is present in the Court. She is identified by her
learned counsel Mr. Nazneen Shaikh. She has reiterated the
contents of the Affidavit. Therein, it is stated that the victim has
accepted the Talaq-e-Rajai pronounced by the said notice dated
02.08.2024. Thus, the parties want to part their way and move
ahead in life. The victim stated that she does not want to prosecute
the petitioners in the said case and she is firm on her stand.

6.         In the wake of above, no purpose would be served by
continuing the prosecution arising out of the said FIR. That apart,
considering the text of the FIR, it is appears that, frequent domestic
disputes between the parties led to filing of the FIR. Therefore, I am
inclined to allow the petition.

7.         As I have expressed my opinion for quashing of the present
crime, learned Advocates for petitioner No.3 and the victim on
instructions, submitted that, petitioner No.3 and the victim will
voluntarily pay a cost of Rs.15,000/- each 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.


                                  Page 2 of 3
H.C.SHIV                                                      3.WP2387.26.DOC



8.         Thus, the petition is allowed and following Order is passed :-
           (i)    Criminal Writ Petition No.2387 of 2025 is allowed.
           (ii)   The FIR bearing Cr. No.4 of 2019, registered with
           Meghwadi police station, Mumbai for the offence punishable
           under Sections 498A and 34 of the IPC and consequent
           criminal case being C.C. No.2092/PW/2019 pending before
           the learned Judicial Magistrate First Class Railway Mobile
           Court at Andheri, Mumbai, are quashed and set-aside.

9.         Petitioner No.3 and the victim are directed to pay a cost of
Rs.15,000/- each 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 petition on 16th October, 2026, ‘for recording
compliance’.




                                   (SHYAM C. CHANDAK, J.)




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