Bombay High Court

OMAR AHMED SHAIKH AND ORSversusTHE STATE OF MAHARASHTRA

Decided: 18 September 2026
Disposal: Allowed

Holding

The High Court allowed the petition and quashed the FIR and the pending criminal case.

Summary

The petitioners – the husband and his in‑laws – were charged under Sections 498A, 406, 323, 504, 506 read with 34 of the IPC for alleged cruelty, assault and dowry‑related offences after the victim filed an FIR in February 2022. The parties later reached an amicable settlement, obtained a mutual‑consent divorce, and the victim executed an affidavit stating she had no objection to the FIR being quashed. The victim appeared before the court, reiterated her consent, and the petitioners offered to pay costs. The High Court, after hearing counsel, held that the settlement and the victim’s clear consent justified quashing the criminal proceedings and ordered the FIR and the pending case to be set aside, directing the parties to pay specified costs to the Armed Forces Battle Casualties Welfare Fund.

Issues considered

The FIR and criminal proceedings under Sections 498A, 406, 323, 504, 506 read with 34 IPC may be quashed on the basis of an amicable settlement and the victim’s consent.

Legislation cited

Indian Penal Code — s. 323, 34, 406, 498A, 504, 506

Subjects

domestic violence
dowry harassment
Section 498A
IPC
quash of FIR
mutual consent divorce
settlement
criminal procedure
High Court of Bombay

Judgment

P.H. JAYANI                                              12 WP4117.2026.DOC


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CRIMINAL APPELLATE JURISDICTION

              CRIMINAL WRIT PETITION NO. 4117 OF 2026

1. Omar Ahmed Shaikh
2. Sharifa Yamin Ansari
3. Saad Ahmed Shaikh                                    …. Petitioners
      V/s.
The State of Maharashtra and anr.                      …Respondents


Mr. Zoheb Merchant a/w. Mr. Galib Shaikh and Adv. Maruja Khan
for the Petitioners.
Mr. Vinod Chate, APP for the Respondent No.1 – State.
Ms. Nazneen Shaikh a/w. Adv. Sousan Mulji for the 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 R.C.C.No.11906/2025 pending on the file of
learned JMFC, Mira Bhayander, Thane, arising out of an FIR
bearing Cr.No.I-103/2022 registered with Naya Nagar Police
Station, Mira-Bhayander, Vasai-Virar Police for the offence
punishable under Sections 498A, 406, 323, 504, 506 read with 34
of the Indian Penal Code, 1860 (“IPC”) on the report dated
19.02.2022 filed by Respondent No.2 (‘the victim’) against the
petitioners.

2.        Heard learned Counsel for the parties. Perused the record.

3.        Petitioner No.1 is the husband and petitioner Nos.2 and 3
are the in-laws of the victim. The marriage between petitioner


                                Page 1 of 4
P.H. JAYANI                                             12 WP4117.2026.DOC



No.1 and the victim was solemnized on 19.07.2019. After the
marriage, she went to cohabit in the family of the petitioners.

         It is alleged that, the petitioners subjected the victim to
cruelty on account of trivial domestic disputes and, not bringing
dowry. They used to abuse and assault her when she objected
them. Petitioner No. 1 allegedly assaulted her despite he knew that
she was pregnant. It was further alleged that petitioner No. 1 was
involved in an illicit relationship with other women and hence, she
was being forced to give him a talaq. When the victim refused for
the same, she was beaten up. Therefore, the aforesaid crime came
to be registered and charge-sheet was filed.

4.       Learned Advocates for the parties state that, now, the
petitioners and the victim have amicably settled their dispute. As
per the settlement, the marriage between petitioner No.1 and the
victim has been dissolved as per their personal laws. The victim
has consented and has given her no objection to quash the
impugned FIR and the consequent proceedings. Ms. Shaikh,
learned Advocate tendered an Affidavit sworn by the victim to that
effect. It is taken on record and marked ‘X’.

5.       The victim is present in the Court. She is identified by Ms.
Shaikh. She has reiterated the contents of the Affidavit. The victim
has stated that the petition seeking divorce by mutual consent has
been filed by the parties and it is posted in the next month. She
further stated that, meanwhile, the marriage has been dissolved by
Khulanama. She and the petitioner No.1 have decided to part ways
and live their lives as per their choice. Therefore, she does not
want to prosecute the petitioners in the said case. The victim is
firm on her stand and, therefore, she has given her no objection
for quashing of the impugned FIR and the consequent criminal

                               Page 2 of 4
P.H. JAYANI                                              12 WP4117.2026.DOC



proceedings. That apart, considering the text of the FIR, it appears
that, frequent domestic disputes was the cause behind lodging of
the said FIR. As a result, I am inclined to allow the petition.

6.       As I have expressed my opinion for quashing of the present
crime, learned Advocates for the petitioners and the victim on
instructions, submitted that, the petitioners will voluntarily pay a
cost of Rs.60,000/- 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.

7.       As a result, the petition is allowed and following Order is
passed :-

         (i)    Criminal Writ Petition No.4117 of 2026 is allowed.

         (ii)   The Cr.No.I-103/2022 registered with Naya Nagar
         Police Station, Mira-Bhayander, Vasai-Virar Police for the
         offences punishable under Sections 498A, 406, 323, 504,
         506 read with 34 of the IPC and R.C.C.No.11906/2025
         pending on the file of learned JMFC, Mira Bhayander,
         Thane, are quashed and set-aside.


8.       The petitioners are directed to pay a cost of Rs.60,000/- and
the victim is directed to pay a cost of Rs.15,000/- 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 :-



                                Page 3 of 4
                      P.H. JAYANI                                             12 WP4117.2026.DOC


                               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 petition on 16th October 2026, ‘for recording
                      compliance’.



  PREETI                                              (SHYAM C. CHANDAK, J.)
  HEERO
  JAYANI
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.09.29
13:04:45 +0530




                                                     Page 4 of 4

Continue reading with your account

Checking your session…