Bombay High Court

MOHAMMED ALFAIZ ANSARIversusTHE STATE OF MAHARASHTRA AND ANR.

Decided: 22 September 2026
Disposal: Disposed Off

Holding

The High Court held that, given the victim's free‑will affidavit indicating consensual relations and a desire not to prosecute, the FIR and related criminal proceedings were quashed.

Summary

Petitioner Mohammed Alfaiz Ansari challenged FIR No.309/2024 alleging offences under IPC sections 376(2)(n), 201, 323, 504, 506 and IT Act section 67, filed by the victim, Respondent No.2. The victim later submitted an affidavit stating the relationship was consensual, she does not wish to prosecute, and the matter is settled amicably. The High Court, after noting the victim's free‑will statement and deeming the FIR unnecessary, allowed the writ petition and quashed the FIR and the pending Sessions case. The petitioner was ordered to pay a cost of Rs.20,000 to the Armed Forces Battle Casualties Welfare Fund. The order reflects the court’s discretion to dismiss criminal proceedings when the complainant withdraws consent and no public interest is served.

Issues considered

Whether an FIR for serious sexual offences can be quashed on the basis of the victim's voluntary withdrawal of complaint and settlement.
Whether the court can entertain a petition to set aside a criminal case when the alleged offences involve non‑consensual acts but the complainant now alleges consent.

Legislation cited

Indian Penal Code — s. 201, 323, 376(2)(n), 504, 506
Information Technology Act — s. 67

Subjects

sexual assault
rape
kidnapping
criminal intimidation
IT Act
FIR quash
victim settlement
criminal procedure
cost order

Judgment

HEMANT
CHANDERSEN            H.C.SHIV                                                    1.W2654.26.DOC
SHIV
Digitally signed by
HEMANT                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CHANDERSEN SHIV
Date: 2026.09.29
                                      CRIMINAL APPELLATE JURISDICTION
11:58:07 +0300
                                    CRIMINAL WRIT PETITION NO.2654 OF 2026
                      Mohammed Alfaiz Ansari                                …Petitioner
                                 V/s.
                      The State of Maharashtra & Anr.                       …Respondents


                      Ms. Shagufa I. Ansari for the Petitioner.
                      Mr. H. J. Dedhia, APP for Respondent No.1.
                      Mr. Abhay Dolas for Respondent No.2.
                      Mr. Manish Hajare, PSI, Borivali police station present.


                                                  CORAM:       SHYAM C. CHANDAK, J.
                                                  DATED :      22nd SEPTEMBER, 2026
                      P.C. :-

                      1.         At the outset, Ms.Ansari, learned Counsel for the petitioner
                      seeks leave to amend to modify the prayer clause, as the charge-
                      sheet has been filed in the impugned FIR.

                      2.         Leave granted. Amendment to be carried out forthwith.

                      3.         Present Petition seeks quashing and setting aside of the
                      impugned FIR bearing Cr.No.309 of 2024, registered with Borivali
                      police station, Mumbai for the offence punishable under Sections
                      376(2)(n), 201, 323, 504, 506 of the Indian Penal Code,1860 (“IPC”)
                      and Section 67 of the Information Technology Act (“IT Act”) on the
                      report dated 01.05.2024 lodged against the petitioner by
                      Respondent No.2 (‘the victim’) and consequent Sessions Case
                      No.336 of 2024, pending before the Sessions Court at Dindoshi,
                      Mumbai.

                      4.         The prosecution case is that, between March 2023 to May
                      2023, the petitioner and the victim got acquainted with each other,
                      when the victim was attending classes for cyber security at XYZ


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H.C.SHIV                                                        1.W2654.26.DOC



place, where, the petitioner was a teacher. Gradually, they became
friends and fell in love with each-other. Thereafter, the petitioner
committed repeated sexual intercourse with the victim against her
will, on a false pretext of marriage and, by threatening her to make
viral her objectionable photos and defame her. He also abused her
and assaulted by hand when she avoided to speak with him.
Therefore, the aforesaid crime came to be registered. On completion
of the investigation, the charge-sheet came to be filed.

5.         The learned Counsel for the parties state that, now, the
matter is amicably settled between the parties out of the Court. The
victim does not want to prosecute the petitioner in the said crime,
as she wants to part ways with the petitioner. Mr.Dolas, learned
Advocate tendered an Affidavit sworn by the victim to that effect. It
is taken on record and marked "X" for identification.

6.         The victim is present before the Court. She is identified by her
learned Advocate Mr.Dolas. She has reiterated the contents of the
affidavit. She further states that she has filed the Affidavit out of her
free will, without any pressure or coercion and, she has no
subsisting grievance against the petitioner. The victim states that
she has taken a firm stand not to prosecute the petitioner and she
will maintain that stand before the trial Court. Even otherwise,
considering the contents of the FIR, I am of the view that, the
relationship between the two was consensual and the report was the
result of the dispute between them. Therefore, no purpose would be
served by continuing the prosecution arising out of the said FIR. In
view thereof, I am inclined to allow the petition.

7.         As I expressed my opinion for quashing of the present crime,
learned Advocate for the petitioner, on instructions submitted that,
the petitioner will voluntarily pay a costs of Rs.20,000/-. Said


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H.C.SHIV                                                      1.W2654.26.DOC



statement is accepted as an undertaking given to this Court. Hence,
following order:-

           (a)   Criminal Writ Petition No.2654 of 2026 is allowed.
           (b)   The impugned FIR bearing Cr. No. 309 of 2024,
           registered with Borivali police station, Mumbai for the
           offence punishable under Sections 376(2)(n), 201, 323, 504,
           506 of the IPC and Section 67 of the IT Act and consequent
           Sessions Case No.336 of 2024, pending before the Sessions
           Court at Dindoshi, Mumbai are quashed and set aside.


8.         The petitioner is directed to pay a cost of Rs.20,000/- to the
‘Armed Forces Battle Casualties Welfare Fund’ 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

8.1        List this petitionon 23rd October, 2026 ‘for recording
compliance.

                                   (SHYAM C. CHANDAK, J.)




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