Mohd Faruq Hakeemulla Shaikh And ANR v. State Of Maharashtra And ANR

HEMANT CHANDERSEN SHIV H. C. SHIV 11.apl1779.24.doc HEMANT CHANDERSEN SHIV Date: 2025.11.20 10:20:10 +0300

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1779 OF 2024 Mohd. Faruq Hakeemulla Shaikh & Anr.

... Applicants V/s.

State of Maharashtra & Anr.

... Respondents Mr. Murtaza Najmi with Mr. Prabhat Kumar J. Dubey for the Applicants. Ms. Supriya Kak APP for Respondent No.1-State. Ms. Nikita Pandey for Respondent No.2.

Mr. A. S. Sande, API, Mira Road police station present. CORAM : BHARATI DANGRE & SHYAM C. CHANDAK, JJ.

DATE : 19th NOVEMBER, 2025 P.C:- 1) The learned Counsel for the Applicants make a statement that Applicant No.1 is married to Respondent No.2 in the year 2008, and only when the non-bailable warrant was issued against the Applicants, they gained knowledge about pending proceedings, upon the charge-sheet being filed in connection with the subject C.R. which was lodged by the father of the complainant.

The Application is accompanied with a Nikahnama and marriage certificate dated 12th December, 2008. Respondent No.2 has also filed an affidavit, according her 1/2

H. C. SHIV 11.apl1779.24.doc consent to quash the subject C.R. along with the charge-sheet and the pending case arising therefrom by categorically stating that after Applicant No.1 was released on bail, Applicant No.1 and Respondent No.2 performed Nikahnama on 12th November, 2008 and even the marriage was registered on 18th December, 2008 and therefore, she is not desirous of prosecuting the accused.

2) In the wake of aforesaid statement, we direct Applicant No.1 and Respondent No.2 to mark their appearance before the Police Station Incharge of Mira Road police station within a week from today and upon recording their statement and on perusal of the Nikahnama in original, which shall be produced before him, he shall make a report before us. 3) List on 26th November, 2025 under the caption 'For Directions' on the supplementary board.

(SHYAM C. CHANDAK, J.) (BHARATI DANGRE, J.) 2/2