Bombay High Court

SHOAIB SHAHID SHAIKH AND ORSversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 18 September 2026
Disposal: Allowed

Holding

The court held that, in view of the victim's consent and the amicable settlement, there is no purpose to continue the prosecution and therefore quashed the FIR and the pending criminal proceedings.

Summary

The petitioners, husband and in‑laws of the victim, sought to quash an FIR registered under Sections 498A, 406, 323, 504, 506 of the IPC and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, alleging assault, forced abortion, financial extortion and misappropriation of streedhan. The victim later filed an affidavit stating that the parties had amicably settled, she had resumed co‑habitation, and she had no objection to the FIR being withdrawn. The court examined the victim’s consent and the lack of any public interest in continuing the prosecution. Finding that the settlement removed any purpose for the criminal proceeding, the court allowed the writ petition and quashed the FIR and the pending criminal case. The order effectively dismissed the prosecution against the petitioners.

Issues considered

Whether a criminal proceeding under the IPC and the Muslim Women (Protection of Rights on Marriage) Act can be quashed on the ground of settlement and the victim's consent.
Whether the victim's affidavit constitutes sufficient ground to set aside the FIR and the pending charge‑sheet.

Legislation cited

Indian Penal Code — s. 323, 34, 406, 498A, 504, 506
Muslim Women (Protection of Rights on Marriage) Act, 2019 — s. 4

Subjects

criminal procedure
quash of FIR
domestic violence
dowry harassment
Muslim Women Act
settlement
victim consent
IPC offences

Judgment

P.H. JAYANI                                              11 WP4022.2026.DOC


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CRIMINAL APPELLATE JURISDICTION

              CRIMINAL WRIT PETITION NO. 4022 OF 2026

1. Mr. Shoaib Shahid Shaikh
2. Mrs. Samina Shahid Shaikh
3. Jareena Bee Abdul Shaid Shaikh                       …. Petitioners
       V/s.
The State of Maharashtra and anr.                      …Respondents


Adv. Mehboob Shaikh for the Petitioners.
Mr. R.M. Pethe, APP for Respondent No.1 – State.
Ms. Kulsum Shah for Respondent No.2.


                           CORAM:        SHYAM C. CHANDAK, J.
                           DATED :       18th SEPTEMBER, 2026

P.C. :-

1.        Present petition seeks to quash        and set-aside the
proceedings bearing CC No.1107/PW/2025 pending on the file of
the learned Metropolitan Magistrate, Court at Borivali, arising out
of an FIR bearing Cr.No.52/2024 registered with Khar Police
Station, Dist. Mumbai for the offence punishable under Sections
498A, 406, 323, 504, 506 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 19.01.2024 filed by
Respondent No.2 (‘the victim’) against the petitioners.

2.        Heard learned Counsel for the parties. Perused the record.
Ms. Kulsum Shah, learned Counsel for the victim has tendered her
Vakalatnama. It is taken on record.

3.        Petitioner No.1 is the husband and the other petitioners are
in-laws of the victim. The marriage between petitioner No.1 and

                                Page 1 of 3
P.H. JAYANI                                             11 WP4022.2026.DOC



the victim was solemnized on 24.11.2023. It is alleged that, when
the victim got pregnant, the petitioners assaulted her to force her
to terminate the pregnancy. It is alleged that the petitioners
demanded Rs.5,00,000/- from the victim for purchasing a car and
setting up a new business for petitioner No.1, if she want to
peacefully cohabit with them. She was then driven out of the house
and, On 19.01.2024, petitioner No.1 pronounced a Talaq on phone.
It is alleged that the petitioners misappropriated her Streedhan.
Therefore, the aforesaid crime came to be registered and it
followed the charge-sheet.

4.       Learned Advocates for the parties state that, now, the
petitioners and the victim have amicably settled their dispute with
the involvement of the family members from both sides. The
victim has resumed her matrimonial home. Now, the petitioners
and the victim are residing together. They have no complaints
against each other. Therefore, the victim has consented and has
given her no objection to quash the impugned FIR and the
consequent proceedings. Ms. Shah, learned Advocate tendered an
Affidavit sworn by the victim to that effect (marked ‘X’).

5.       The victim is present in the Court. She is identified by Ms.
Shah. She has reiterated the contents of the Affidavit. Therein, the
victim has stated that she and the petitioners have settled the
dispute and have decided to live together and continue the
marriage. Hence, she has given her no objection for quashing of
the impugned FIR and the consequent criminal proceedings.

6.       Therefore, no purpose would be served by continuing the
prosecution arising out of the impugned FIR. As a result, I am
inclined to allow the petition.


                               Page 2 of 3
              P.H. JAYANI                                             11 WP4022.2026.DOC



              7.       Hence, following Order is passed :-

                       (i)    Criminal Writ Petition No.4022 of 2026 is allowed.

                       (ii)   The FIR bearing Cr.No.52/2024 registered with Khar
                       Police Station, Dist. Mumbai for the offences punishable
                       under Sections 498A, 406, 323, 504, 506 read with 34 of the
                       IPC and Section 4 of The Muslim Women (Protection of
                       Rights on Marriage) Act and the consequent criminal
                       proceedings bearing CC No.1107/PW/2025 pending on the
                       file of learned Metropolitan Magistrate, Court at Borivali,
                       are quashed.




  PREETI                                       (SHYAM C. CHANDAK, J.)
  HEERO
  JAYANI
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.09.29
13:04:31 +0530




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