FAISAL MOHAMMED FURQAN QURESHIversusSTATE OF MAHARASHTRA AND ANR

           Digitally
           signed by    H.C.SHIV                                                      5.W4192.26.DOC
           HEMANT
HEMANT     CHANDERSEN
CHANDERSEN SHIV
SHIV       Date:
           2026.09.29
           11:58:54
           +0300
                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION
                                      CRIMINAL WRIT PETITION NO.4192 OF 2026
                        Faisal Mohammed Furkan Qureshi                         …Petitioner
                                   V/s.
                        State of Maharashtra and Anr.                          …Respondents


                        Ms. Amani Khan for the Petitioner.
                        Ms. K. T. Hiwrale, APP for Respondent No.1-State.
                        Mr. Meet Pandya for Respondent No.2.
                        Mr. Umesh Jadhav, PSI, D. N. Nagar police station present.


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

                        1.         Mr.Pandya, learned Counsel appears for Respondent No.2.
                        The Registry to accept his Vakalatnama.

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

                        3.         Present petition seeks quashing and setting aside of the
                        impugned FIR bearing Cr. No.403 of 2024, registered with D. N.
                        Nagar police station, Mumbai for the offence punishable under
                        Sections 376, 376(2)(n), 417 of the Indian Penal Code, 1860 (“IPC”),
                        on the report dated 24.04.2024 filed against the petitioner by
                        Respondent No.2 (‘the victim’) and consequent criminal case being
                        Sessions Case No.385 of 2024, pending before the learned Sessions
                        Court, Dindoshi, Mumbai.

                        4.         The prosecution case is that, in the year 2020, the petitioner
                        and the victim got acquainted with each other and then, love
                        relationship developed between them. The petitioner impressed
                        upon the victim that he would marry her. Thereafter, the petitioner


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repeatedly committed sexual intercourse with the victim at various
places against her will on false pretext of marriage. In December
2021, the victim learnt that the petitioner was married. When she
questioned him, he responded that said marriage was against his
will; he will divorce his wife and marry the victim. This made the
victim to trust upon the petitioner and continue their relationship.
However, at the end, the petitioner refused to marry the victim.
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
parties have settled the dispute and the victim does not want to
prosecute the petitioner in the said case. Mr.Pandya, learned
Advocate tendered an Affidavit sworn by the victim to that effect. It
is taken on record (marked "X"). The consent-cum-settlement terms
are attached with the petition.

           The victim is present before the Court. She is identified by
Mr.Pandya, learned Advocate. She has reiterated the contents of the
Affidavit. She states that, now, her marriage is fixed and the present
case will pose an obstacle in her marriage and future married life.
Therefore, she has taken a firm that she does not want to prosecute
the petitioner and she will maintain the said stand before the trial
Court. That apart, the text of the Report filed by the victim indicates
that the relationship between the two was consensual. Therefore, no
purpose would be served by continuing the prosecution arising out
of the said FIR. As a result, I am inclined to allow the petition.

6.         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.50,000/-. Said


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H.C.SHIV                                                      5.W4192.26.DOC



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

           (a)   Criminal Writ Petition No.4192 of 2026 is allowed.

           (b)   The impugned FIR bearing Cr. No.403 of 2024,
           registered with D. N. Nagar police station, Mumbai for the
           offence punishable under Sections 376, 376(2)(n), 417 of the
           IPC and consequent criminal case being Sessions Case
           No.385 of 2024, pending before the learned Sessions Court,
           Dindoshi, Mumbai, are quashed and set aside.


7.         The petitioner is directed to pay a cost of Rs.50,000/- 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

7.1        List this petition on 22nd October, 2026 ‘for recording
compliance’.



                                  (SHYAM C. CHANDAK, J.)




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