Bombay High Court
MR. AAQUIB NAJIB KHANversusSTATE OF MAHARASHTRA THROUGH MIRA ROAD POLICE STATION,
- Decided
- Disposal
- Disposed Off
Holding
The High Court held that, given the amicable settlement and the complainant's voluntary consent, the criminal proceedings under the cited IPC sections may be quashed.
Summary
The petitioners, Aaquib Najib Khan and Azhar Asadullah Punjabi, filed criminal writ petitions under Article 226 of the Constitution and Section 482 of the CrPC seeking quashing of FIR No. 481 of 2022 registered under IPC sections 498(A), 406, 504, 506 and 34. The FIR stemmed from a matrimonial dispute, and the complainant (Respondent No.2) executed a notarised consent affidavit stating that the parties had amicably settled, would obtain a mutual divorce, and would withdraw a pending domestic‑violence case. The court examined whether the consent of the complainant could justify quashing offences arising from a marital conflict. Relying on the principle that Section 482 permits the High Court to prevent abuse of the criminal process and on the parties' settlement, the court held that the proceedings could be dismissed. Consequently, the petitions were allowed and the criminal case was quashed.
Issues considered
- Whether a criminal proceeding arising from a matrimonial dispute can be quashed on the basis of the complainant's consent.
- Whether Section 482 of the CrPC empowers the High Court to quash FIRs under IPC sections 498(A), 406, 504, 506 and 34 in such circumstances.
- Whether the settlement of civil/matrimonial issues bars continuation of criminal prosecution.
Legislation cited
- Code of Criminal Procedure — s. 482
- Constitution of India — s. Article 226
- Indian Penal Code, 1860 — s. 34, 406, 498(A), 504, 506
Subjects
- quash
- matrimonial dispute
- consent of complainant
- Section 498A
- domestic violence
- Section 482 CrPC
- Article 226
- criminal proceedings
- divorce
- amicable settlement
Judgment
SPG 7-WP-3819-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 3819 OF 2023
Mr. Aaquib Najib Khan … Petitioner
Vs.
The State of Maharashtra & Anr. ... Respondents
WITH
CRIMINAL WRIT PETITION NO. 43 OF 2024
Mr. Azhar Asadullah Punjabi … Petitioner
Vs.
The State of Maharashtra & Anr. ... Respondents
_______________________________
Mr. Mohammed Zain Khan a/w Mr. Ashraf Kapoor for the Petitioners.
Mr. V. A. Kulkarni APP for the Respondent-State.
Ms. Shubhra Swami (through Legal Aid) for Respondent No.2.
_______________________________
CORAM : RANJITSINHA RAJA BHONSALE , J.
DATED : 20th FEBRUARY 2026.
P. C. :-
1) The Petitioners, in R.C.C. No. 392 of 2023 pending on the file
of Judicial Magistrate First Class, Thane which has been transferred to
Judicial Magistrate First Class, Mira Bhyandar and re-numbered as R.C.C.
No. 11121 of 2025 arising out of C.R. No. 481 of 2022 dated 17 th
November 2022 registered with Mira Road Police Station, under Section
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SPG 7-WP-3819-2023.doc
498(A), 406, 504, 506 and 34 of the Indian Penal Code, have invoked
jurisdiction of this Court under Article 226 of the Constitution of India and
Section 482 of the Code of Criminal Procedure seeking quashing of the
said crime with the consent of Respondent No.2, the informant.
2) Mr. Khan, learned Advocate for the Petitioners submitted that,
during the pendency of the said case, the Petitioners and Respondent No.2
have settled their disputes and differences and Respondent No.2 has now
given her consent for quashing of the crime in question. He therefore
prayed that, the said crime may be quashed with the consent of
Respondent No.2. He submits that, the Petitioner No.1 and Respondent
No.2 have agreed and confirmed to jointly apply for divorce by mutual
consent and seek divorce. He further submits that, Respondent No.2 has
agreed and undertaken to withdraw the Application for Domestic Violence
in Case No. PWDVA Appln/0000727/2025, filed by Respondent No.2
before 1-Civil Judge Junior Division, Mira Bhyandar.
3) Ms. Shubhra Swami, learned Advocate for the Respondent
No.2 tendered across the bar consent Affidavit of Respondent No.2 dated
20th February 2026 duly affirmed before a Notary Public. The fact of
amicable settlement and restoration of peace between the parties is
admitted therein. She further submits that, the Respondent No.2 confirms
that the stridhan has been received.
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4) Respondent No.2 is personally present in the Court and
through her Advocate reiterates the contents of her Affidavit dated 20 th
February 2026 and her ‘no objection’ for quashing of the crime in question.
5) A perusal of the said consent Affidavit of Respondent No.2
would indicate that, in Criminal Writ Petition No. 3819 of 2023,
respondent No.2 and Petitioner No.1 have amicably resolved and settled
the disputes. The disputes are primarily matrimonial disputes and
proceedings have emanated from the said matrimonial disputes. In para 3
of the Affidavit, the Respondent No.2 has given her ‘no objection’ for
quashing of F.I.R. No. 0481 of 2022 registered with the Mira Road Police
Station, Mumbai. In paragraph 4 of the affidavit, Respondent No.2
undertakes to withdraw the Application for Domestic Violence having Case
No. PWDVA Appln/0000727/2025. In paragraph 5, the Respondent No.2
has specifically stated that she has given her consent for quashing without
any force, coercion or any undue influence.
6) Taking an overall view of the matter and after considering the
aforesaid facts more particularly that the proceedings arise out of
matrimonial dispute I am inclined to quash the R.C.C. No. 392 of 2023
pending on the file of Judicial Magistrate First Class, Thane which has
been transferred to Judicial Magistrate First Class, Mira Bhyandar and re-
numbered as R.C.C. No. 11121 of 2025 arising out of C.R. No. 481 of 2022
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dated 17th November 2022 registered with Mira Road Police Station,
Mumbai.
7) In view of the above, Petitions are allowed in terms of prayer
clause (b).
(RANJITSINHA RAJA BHONSALE, J.)
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