Shahbaz Farook Mansuri And ORS v. State Of Maharashtra And ANR

1 / 4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1834 OF 2024 Shahbaz Farook Mansuri & Ors.

.... Petitioners versus The State of Maharashtra & Anr.

.... Respondents .......

• Nehal Deshmukh i/b. Shakil Khan, Advocate for Petitioners. • Ms. Supriya Kak, APP for the State/Respondent. • Muzzamil Mansuri a/w Reet Jain, Advocate for Respondent No.2.

CORAM

: SARANG V. KOTWAL & SHYAM C. CHANDAK, JJ.

DATE : 03rd OCTOBER, 2025 P.C. :

1.

This is a Petition for quashing of the FIR registered vide C.R.No.134/2022 dated 26/03/2022 with Paydhonie Police Station, Mumbai and the subsequent proceedings vide PW/0201021/2023 pending before Additional Chief Judicial Magistrate, 2nd Court, Mazgaon, Mumbai, u/s 498-A, 406, 504, 506, 323 r/w 34 of the Indian Penal Code.

2.

Heard Nehal Deshmukh, learned Counsel for the Digitally signed by MANUSHREE NESARIKAR Date:

2025.10.07 11:44:24 +0530 MANUSHREE NESARIKAR Petitioners, Muzzamil Mansuri, learned counsel for the Respondent No.2 and Ms. Supriya Kak, learned APP for the State. Nesarikar

2 / 4 3.

The FIR is lodged by the Respondent No.2. The Petitioner No.1 is her husband. The Petitioner No.2 is the mother of Petitioner No.1. The Petitioner No.3 is his brother. The Petitioner No.4 is the wife of Petitioner No.3 and the Petitioner No.5 is the sister of Petitioner No.1.

4.

It is not necessary to refer to the allegations in the FIR in detail because the parties have settled their dispute. In short, the allegations are that the Respondent No.2 got married with the Petitioner No.1 on 06/08/2017. The FIR mentions that her parents had given ornaments and other articles as per the demand of the Petitioners. After marriage immediately the illtreatment started. She was given stale food. There was no proper medical treatment, when she was ill. She gave birth to her daughter in 2018. The other Petitioners were instigating the Petitioner No.1. She was made to do all household work. Nobody was looking after her young daughter. The Respondent No.2 was sent to her parent's house in 2020. She was told to bring money for purchasing house and a shop. She was unable

3 / 4 to meet their demands. The Petitioner No.1 divorced her on 16/03/2022. On these allegations, the FIR is lodged. 5.

The charge-sheet contains statements of her parents supporting her allegations. Now the matter is completely settled between the parties. The parties have entered into the Consent Terms. They are taken on record. The Consent Terms mention that the Respondent No.2 was to get a consolidated sum of Rs.11,40,000/- which she has received.

6.

The Petitioner No.1 has filed his additional affidavit dated 03/10/2025 executed before the notary. He is present in the Court. Learned counsel for the Petitioners identifies the Petitioner No.1. In that additional affidavit the Petitioner No.1 has undertaken to pay Rs.10,000/- per month in the bank account of the Respondent No.2 for the benefit of their daughter Barira till she gets married. That additional affidavit is also taken on record.

7.

In this background, the Respondent No.2 has filed her affidavit giving no objection for quashing of these proceedings.

4 / 4 She is present before the Court. She is identified by her learned counsel. She has reiterated the contents of her affidavit. She is satisfied with the arrangement made in the Consent Terms and the additional affidavit filed in the Court today. 8.

In this background, we are inclined to allow this Writ Petition in the interest of the parties and particularly in the interest of the child.

9.

Hence, the following order :

O R D E R

(i) The FIR registered vide C.R.No.134/2022 dated 26/03/2022 with Paydhonie Police Station, Mumbai and the subsequent proceedings vide PW/0201021/2023 pending before Additional Chief Judicial Magistrate, 2nd Court, Mazgaon, Mumbai, are quashed and set aside.

(ii) The Petition is disposed of.

(SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.)