ARBAZ JAMALUDDIN KHAN AND ORSversusSTATE OF MAHARASHTRA AND ANR

HEMANT
CHANDERSEN            H.C.SHIV                                                    2-4.WP1597.26.DOC
SHIV
Digitally signed by              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HEMANT
CHANDERSEN SHIV                       CRIMINAL APPELLATE JURISDICTION
Date: 2026.09.29
11:56:30 +0300
                                    CRIMINAL WRIT PETITION NO.2388 OF 2026
                      1. Mr. Arbaz Jamaluddin Khan
                      2. Mrs. Khaja Bi Jamaluddin Khan
                      3. Jamaluddin Jainuddin Khan
                      4. Mohammad Asif Naimullah Siddiqui                    …Petitioners.
                                 V/s.
                                                                             [[




                      1. The State of Maharashtra
                      2. Mrs. Sana Akbar Khan                                …Respondents
                                                    WITH
                                    CRIMINAL WRIT PETITION NO.1597 OF 2026

                      Mr. Maulana Abul Hasan Rahi Shaikh                     …Petitioner
                                 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 in WP
                      No.1597/2026.
                      Mr. Vinod Chate, APP for Respondent No.1-State in WP No.2388
                      of 2026.
                      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.         The aforesaid Writ Petitions seek quashing and setting aside
                      of the FIR bearing Cr. No.436 of 2024 registered with Meghwadi
                      police station, Mumbai for the offence punishable under Sections
                      498A, 323, 504 read with 34 of the Indian Penal Code, 1860 (“IPC”)
                      and Section 4 of the Muslim Women (Protection of Rights on
                      Marriage Act) 2019 on the report dated 30 th October 2024, filed by

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H.C.SHIV                                                     2-4.WP1597.26.DOC



Respondent No.2 (‘the victim’) and consequent criminal case being
C.C.No.823/PW/2025            pending     before   the   learned   Judicial
Magistrate First Class Railway Mobile Court at Andheri, Mumbai.
Petitioner Nos.1 to 3 in WP/2388 are the husband and in-laws of
the victim and petitioner in WP/1597 is the Quazi, who had
performed the marriage between the victim with petitioner No.1 in
WP/2388 on 18th December 2017. After the marriage, the victim
went to cohabit in the family of petitioners.

3.         It is alleged that, earlier, the victim had filed a Report dated
05.01.2019 alleging the offence of cruelty etc. against petitioner
Nos.1 and 2 in WP/2388 and her sister-in-law. Said Report was
regd. at Cr. No.4/2019 and resulting in CC No.2092/PW/2019.
Thereafter, on 10.10.2020, the victim was taken for cohabitation to
her matrimonial house by her husband. Further, she delivered a
male child on 20.07.2023. It is alleged that, thereafter, the husband
was not giving her money for her personal expenses. The husband
and her in-laws used make illegal demand of money. They used to
abuse her. It is alleged that on 15.04.2024, she was driven out of the
house. It was followed by the notice of divorce dated 02.08.2024,
signed by the Petitioner in WP/1597 and panchas, i.e., petitioner
Nos.3 and 4 in WP/2388. Therefore, the aforesaid crime came to be
registered. On completion of the investigation, the police filed 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



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H.C.SHIV                                                     2-4.WP1597.26.DOC



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 the petitioners in WP/2388 and the
learned Advocate for the victim in WP/1597, on instructions,
submitted that the petitioner Nos.1 to 3 in WP/2388 will voluntarily
pay a cost of Rs.15,000/- each and the victim 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 petition is allowed and following Order is passed :-

           (i)    Criminal Writ Petition No. 2388 of 2026 and No. 1597
           of 2026 are allowed.
           (ii)   The FIR bearing Cr. No.436 of 2024 registered with
           Meghwadi police station, Mumbai for the offence punishable
           under Sections 498A, 323, 504 read with 34 of the IPC and

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H.C.SHIV                                                   2-4.WP1597.26.DOC



           Section 4 of the Muslim Women (Protection of Rights on
           Marriage Act) 2019 and consequent criminal case being C.C.
           No.823/PW/2025 pending before the learned Judicial
           Magistrate First Class Railway Mobile Court at Andheri, are
           quashed and set aside.


9.         Petitioner Nos.1 to 3 and Respondent No2 in Writ Petition
No.2388 of 2026, 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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