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Bombay High CourtWP/564/2024disposed off

Mohammed Akram Ibrar Khan And ORS. v. State Of Maharashtra And ANR

2025-11-17Hon'Ble Smt. Justice Bharati Dangre , Hon'Ble Shri Justice Shyam C. Chandak2 pages

P.H. Jayani 24 WP564.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 564 OF 2024 Mohammed Akram Ibrar Khan and Ors.

.... Petitioners V/s.

The State of Maharashtra and anr.

.... Respondents Mr. Asif Naqvi and Mr. Ali Jawad for the Petitioners. Ms. Sangeeta Shinde, APP for the Respondent - State. CORAM : BHARATI DANGRE & SHYAM C. CHANDAK, JJ.

DATED : 17th NOVEMBER, 2025 P.C. :- 1) The Petitioners i.e., the brother-in-law, sister-in-law and the mother-in-law of the Complainant - Smt. Yasmeen Niyaz Khan have approached the Court praying for quashing of the FIR and the subsequent charge-sheet being filed pursuant to the investigation being completed and presented before the JMFC, Kurla Court, Mumbai. 2) We have heard the learned Counsel for the Petitioners who has invited our attention to the entire charge-sheet and it is his submission that the material that has been collated and contained in the charge-sheet, is against the husband of the Complainant and there is no material enough to prosecute the present Petitioners for the offence punishable under Sections 498-A, 323, 328, 406 read with 34 of the Indian Penal Code and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019. 1/2

P.H. Jayani 24 WP564.2024.doc We find substance in his submission.

3) Issue notice to the Respondent No.2 by making it returnable on 03/12/2025.

In addition to the Court notice, the notice is also permitted to be served through private mode of service.

(SHYAM C. CHANDAK, J.) (BHARATI DANGRE, J.) PREETI HEERO JAYANI PREETI HEERO JAYANI Date: 2025.11.18 12:29:44 +0530 2/2