Imran Khan S/O Mohammad Sabir And ORS v. State Of Maharashtra And ANR

by LAXMIKANT GOPAL CHANDAN Date:

2026.02.23 10:11:27 +0530 LAXMIKANT GOPAL CHANDAN lgc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 785 OF 2026 Imran Khan S/o Mohammad Sabir and ors.

: Petitioners

Versus

The State of Maharashtra and anr.

: Respondents ______________________________________________________ Mr. Shantanu M Sharma for the Petitioners.

Mr. Tanveer G Khan, APP for the Respondent/State. Mr. Dhananjay Bhosale for Respondent No.2.

______________________________________________________ CORAM : ASHWIN D. BHOBE, J.

DATED : 18 FEBRUARY 2026 PC:- 1.

Heard Mr. Shantanu Sharma, learned Advocate for the Petitioners, Mr. Tanveer Khan, learned APP for the Respondent/State and Mr. Dhananjay Bhosale, learned Advocate for Respondent No,.2.

2.

This Petition under Article 226 of the Constitution of India and under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 is preferred by the Petitioners for quashing the FIR bearing No.0276 of 2024 dated 10 March 2024 registered

with Deonar Police Station, Govandi, Mumbai for the offences punishable under Sections 498A, 323, 504, 354 r/w 34 of the Indian Penal Code.

3.

Petitioners are present in the Court, through V.C. and are identified by their Advocate Mr. Shantanu Sharma. He tenders the Photostat copies of the Identity Cards (nine in number) of the Petitioners, which are taken on record and marked as "XColly" for identification. 4.

Respondent No.2 is present in the Court and is identified by her Advocate Mr. Dhananjay Bhosale. He tenders the Photostat copy of Identity Card of Respondent No.2, which is taken on record and marked as "X-1" for identification.

5.

Advocate Mr. Shantanu Sharma and Advocate Mr. Dhananjay Bhosale submit that the matrimonial disputes between the Petitioners and the Respondent No.2 have been settled. They submit that Petitioner No.1 (husband) and

Respondent No.2 (wife) have amicably decided to part ways and separate from each other. They submit that the Petitioners and the Respondent No.2 having resolved the disputes, the Respondent No.2 has given no objection for quashing of the impugned FIR.

6.

Mr. Dhananjay Bhosale, learned Advocate for the Respondent No.2, states that the Affidavit dated 18/02/2026 affirmed by Respondent No.2 before the Notary Advocate S N Dhange, Fort, Mumbai is placed on record, same is marked as "X-2" for identification.

7.

Respondent No. 2 states that the said Affidavit (X-2) 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 (X-2) are as per her say. She reiterates her no objection for quashing of the criminal proceedings. 8.

Mr. Tanveer Khan, learned APP for the Respondent/State submits that the matrimonial disputes

between the Petitioners and the Respondent No.2 being settled, and the Respondent No.2 having filed her Affidavit (X2) and given no objection for quashing the criminal proceedings, no purpose would be served in continuing with the criminal proceedings. As such he submits that the impugned FIR can be quashed, however, he insists for imposition of costs.

9.

Mr. Shantanu Sharma and Mr. Dhananjay Bhosale, on instructions, submits that the Petitioners and Respondent No.2 shall deposit appropriate costs.

10.

Considering the aforesaid circumstances, the nature of disputes, the matter being settled between the Petitioners and the Respondent No.2, the statement of Respondent No. 2 in the Affidavit (X-2) and having regards to the pronouncements of the Hon'ble Supreme Court in the case of Gian Singh vs State Of Punjab1, Narinder Singh And Ors vs State Of Punjab And Anr2 and Parbatbhai Aahir @ Parbatbhai vs The State Of 2012 10 SCC 303 2014 6 SCC 466

Gujarat3, there is no impediment in allowing this Petition. 11.

In view of the above, Criminal Writ Petition No.785 of 2026 is allowed in terms of prayer clause (i) subject to payment of costs of Rs.70,000/-. Consequently, the impugned FIR bearing No. 0276 of 2024 dated 10 March 2024 registered with Deonar Police Station, Govandi, Mumbai is quashed. 12.

Out of the total costs of Rs.70,000/-, the Petitioners shall deposit an amount of Rs.50,000/-, and the Respondent No.2 shall deposit an amount of Rs.20,000/- in the below mentioned Accounts within a period of two weeks from today and file in the Registry of this Court the compliance affidavit along with the proof of deposit on or before 16 March 2026. a) The Petitioners shall deposit an amount of Rs.50,000/- in :- The High Court Employees Medical Welfare Fund at Mumbai Account No.: 000120110001337 Bank : Bank of India Branch : Mumbai Main IFSC Code : BKID0000001 2017 9 SCC 641

b) The Respondent No.2 shall deposit an amount of Rs.20,000/- in :- Central Police Welfare Fund Account No: 914010029005759 Bank : Axis Bank Limited Branch : Worli, Mumbai (M.H.), Mumbai - 400 025 13.

This Criminal Writ Petition is allowed in the above-said terms.

(ASHWIN D. BHOBE, J.)