Faiyaz Abdul Rauf Shaikh And ANR v. State Of Maharashtra And ANR

WAKLE MANOJ JANARDHAN H.C. SHIV 22.w4356.25.doc WAKLE MANOJ JANARDHAN Date: 2025.10.01 18:22:59 +0300

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4356 OF 2025 Faiyaz Abdul Rauf Shaikh & Anr.

... Petitioners Vs.

State of Maharashtra & Anr.

... Respondents ------ Ms. Shafiya Shaikh for the Petitioners.

Ms. Sangita Phad APP for the Respondent-State. Mr. Arif Khan for the Respondent No.2.

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

DATED : 30th SEPTEMBER, 2025 P.C. :- 1) This is the Petition for quashing of the proceedings arising out of C.R.No.380 of 2024 dated 25th July, 2024 registered at Trombay police station under Sections 85, 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita Act, 2023. The charge-sheet is already filed. The main allegations are made by the Respondent No.2 in her FIR. The Petitioner No.1 was the husband and the Petitioner No.2 was her mother-in-law. 2) In view of the settlement between parties, it is not necessary to refer to the allegations in detail. However, briefly stated, the allegations are 1/3

H.C. SHIV 22.w4356.25.doc that the Respondent No.2 got married with the Petitioner No.1 on 15th February, 2024. Within eight days of the marriage, the Petitioner No.2 started demanding Rs.50,000/- from the Respondent No.2. She used to abuse and beat the informant. She used to taunt the Respondent No.2informant. Within one month of her marriage, the Respondent No.2 came back. The Petitioner No.1 had relationship with another girl. 3) On 24th March, 2024 the Petitioner No.1 left her matrimonial house and did not return. The Respondent No.2 came to know that he was residing with another woman. Getting fed up, the Respondent No.2 started residing with her parents. On these allegations the FIR is lodged. 4) Now, the matter is settled between the parties. The Respondent No.2 has filed her affidavit recording the settlement. She has accepted Rs.

1,50,000/- as permanent alimony from the Petitioner. She has given no objection for quashing of these proceedings arising out of C.R. No.380 of 2022 registered at Trombay police station. The Respondent No.2 is present in the Court and she is identified by her learned Counsel. She stated before the Court that she has no objection for quashing of the FIR. She reiterated the contents of the affidavit.

5) Considering the settlement between the parties, no purpose will be served in continuation of the criminal prosecution in the present subject matter. Therefore, in the interest of justice and in the interest of the parties, we are inclined to allow this Petition. Hence, the following order :- 2/3

H.C. SHIV 22.w4356.25.doc :: ORDER ::

(i) The proceedings arising out of C.R. No.380 of 2024 dated 25th July, 2024 against the Petitioner under Sections 85, 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita Act, 2023 registered with Trombay police station is quashed and set aside. (ii) Petition is disposed of in the aforesaid terms. (SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.) 3/3