FAHIM ASLAM SHAIKH AND ANRversusSTATE OF MAHARASHTRA AND ANR

                                                                                         41-WP-527-2026.doc



                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           Digitally signed
           by GAYATRI
GAYATRI    RAJENDRA
RAJENDRA
SHIMPI
           SHIMPI
           Date:
           2026.02.09
                                                 CRIMINAL APPELLATE JURISDICTION
           20:03:43 +0530




                                                   WRIT PETITION NO. 527 OF 2026

                              Fahim Aslam Shaikh And Anr.                         … Petitioners
                                   V/s.
                              The State of Maharashtra & Anr.                     … Respondents
                                                                     ---

                              Mr. Balwant Salunkhe, Advocate for the Petitioners.
                              Mr. Kalim Ansari and Mr. Tuba Khan, Advocate for Respondent No.
                              2.
                              Mr. Sukanta Karmakar, APP for Respondent No. 1 – State.
                              Mr. Deepak Thorat – PSI, Oshiwara Police Station.
                                                             ---

                                                                CORAM : ASHWIN D. BHOBE, J.
                                                                 DATE      : 2nd FEBRUARY, 2026.


                              P.C. :

                              1.               This Petition under Article 226 of the Constitution of

                              India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita

                              (‘BNSS’), is preferred by the Petitioners against the FIR bearing C.

                              R. No. 193/2023 registered with Oshiwara Police Station Mumbai

                              for the offences punishable under Sections 323, 498A, 406, 504

                              506 and 34 of IPC and the chargesheet registered as Case No.

                              PW/3259 of 2024, pending before the Metropolitan Magistrate



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Railway Court Andheri, Mumbai, arising out of the said FIR.



2.               Petitioners are present in Court with their Advocate Mr.

Balwant Salunkhe. Respondent No.2 is present in Court with her

Advocate Mr. Kalim Ansari. Photostat copies of the photo Identity

Card of Petitioners and the Respondent No.2 are taken on record

and marked ‘X colly’ for identification.



3.               Mr. Balwant Salunkhe and Mr. Kalim Ansari submit

that the matrimonial dispute between the Petitioners and

Respondent No. 2 is settled. Respondent No. 2. They submit that

the Petitioner No. 1 (husband) and Respondent No. 2 (wife) are

separated by divorce. They state that the Respondent No.2 has

given her No objection for quashing of the criminal proceedings.


4.               Mr. Kalim Ansari tenders affidavit dated 2nd February,

2026, afirmed by the Respondent No.2 before Notary Harjit Singh

Anand, Mumbai, same is taken on record and marked as ‘X-1’ for

identification. Respondent No. 2 states that the affidavit (X-1) is

filed out of her own free will and without any pressure or coercion

from any person. She states that the contents of the affidavit are as



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per her say. She reiterates that she has no objection for quashing

of the criminal proceedings, which are subject matter of this

Petition.


5.               Mr. Sukanta Karmakar learned APP for the State,

submits that the Petitioner No.1 and Respondent No.2, now having

separated, no purpose would be served in continuing with the

criminal proceedings. He submits that the impugned FIR and the

criminal proceedings may be quashed, based on the affidavit at ‘X-

1’ and the statements today made before this Court by the

Advocates representing the Petitioners and Respondent No.2 . He

however insists for costs.



8.               Considering the aforesaid circumstances, the nature of

dispute, the statements made by Respondent No. 2 in the affidavit

(at ‘X-1’) and having regard to the pronouncements of the Hon’ble

Supreme Court in the case of Gian Singh V. State of Punjab 1,

Parbatbhai Aahir Alias Prabatbhai Bhimsinbhai Karmur and Others

Vs. State of Gujarat Anr2, Narinder Singh & Ors. Vs. State of

Punjab & Anr.3, there is no impediment for allowing this Petition.
1    (2012) 10 SCC 303
2    (2017) 9 SCC 641
3    (2014) 6 SCC 466


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9.       The Petition is allowed in terms of prayer clause (a), subject

to payment of costs of Rs. 20,000/- each, by the Petitioner No.1

and Respondent No.2. Consequently, the impugned FIR bearing C.

R. No. 193 of 2023 registered at Oshiwara Police Station and

charge-sheet bearing No. PW/3259 of 2024 are quashed.



10.              Petitioner No.1 and Respondent No. 2 shall deposit the

amount of Rs. 20,000/- each, in the below-mentioned bank

account, within two weeks from today, :-

                   Central Police Welfare Fund
                    Account No: 914010029005759
                    Bank : Axis Bank Limited
                    Branch : Worli, Mumbai (M.H.), Mumbai - 400 025
                   IFSC Code: UTIB0000060



11.              Petitioners shall file compliance affidavit with proof of

deposit in the Registry of this Court on or before 4th March, 2026.



                                                (ASHWIN D. BHOBE, J.)




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