Salman Mushtak Ali Khan v. Hanifa Salman Khan And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1115 OF 2026 Salman Mushtak Ali Khan ... Petitioner

Versus

Hanifa Salman Khan And Anr.

... Respondents ----- Mr. Vikas Kolekar a/w Neeta K., for the Petitioner. Petitioner is present in Court.

Mr. Sadakhatoon Shaikh a/w Sarfaraj Shaikh, for the Respondent No. 1.

Respondent No. 1 is present in Court.

Mr. Sukanta Karmakar, APP for the Respondent - State. ------- CORAM : ASHWIN D. BHOBE, J.

DATE : 4th May, 2026.

P.C. :

1.

On 30.04.2026, the following order was made :- 1.

This Petition is circulated pursuant to the praecipe dated 30th April, 2026, the same is taken on record and marked 'X' for identification. 2.

During the course of arguments Mr. Vilas Kolekar, learned Advocate for the Petitioner submits that the dispute is essentially between the father and the mother pertaining to their minor child.

3.

Ms. Sadakhatoon Shaikh, learned Advocate for Respondent No. 1 appearing on V.C. submits that Respondent No. 1 has not met the minor child since the

month of July 2025. She states that the Respondent No. 1 has intentions to meet the child.

4.

Mr. Vilas Kolekar, learned Advocate for the Petitioner, on instructions from the Petitioner and without prejudice to any of his rights and contentions in this proceeding and the other proceedings which are pending before the Court at Khamgaon, states that the Petitioner has no objection to the Respondent No. 1 meeting the child in the Court premises and that the Petitioner will bring the child to the Court premises on 4th May, 2026. He however states that the Respondent No.1 should meet the child in the presence of her Advocate and the Advocate of Petitioner.

5.

Ms. Sadakhatoon Shaikh, learned Advocate for Respondent No. 1 on specific instructions from the Respondent No.1 states that the Respondent No. 1 will only meet the child and ensure that the child will not be taken away from the custody of the Petitioner. She states that the Respondent No. 1 will not claim any rights on on the basis of the arguments made in this order. On basis of assurance / undertaking given by Ms. Sadakhatoon Shaikh on instructions from the Respondent No. 1, the meeting is permitted on Monday in the Court premises in the presence of the Advocate representing the parties.

6.

In view of the above, the search warrant issued pursuant to the order dated 5th February, 2026 passed by the Sessions Court in Criminal Revision Application No. 444 of 2025 is kept in abeyance till the next date (4th May, 2026).

7.

List this matter on 4th May, 2026.

2.

Today, the Petitioner (Salman Mushtak Ali Khan) and Respondent No. 1 (Hanifa Salman Khan) are present in Court. The

toddler was brought to Court by the Petitioner. Respondent No. 1 has been in the company of her child from 11:00 am to 3:00 pm. She has expressed satisfaction at meeting her child. 3.

After the said meeting, the Petitioner and the Respondent No. 1 agreed to reach a workable solution until the respective parties approach the competent Court to seek redress of their grievances. Consent terms dated 04.05.2026, signed by the Petitioner and the Respondent No. 1 along with their respective Advocates is tendered to the Court. The same is taken on record and marked "X-1" for identification.

4.

As agreed by the parties, the consent terms (X-1) and the arrangements therein constitute a working arrangement. Neither the Respondent No. 1 nor the Petitioner would quote this as an order or take the benefit of the arrangement in any proceedings either party intends to file or in the pending proceedings. 5.

By consent of the parties, the impugned order dated 05.02.2026, passed by the Court of Additional Sessions Judge, Pune, in Criminal Revision Application No. 444 of 2025 in

Criminal M.A. No. 660 of 2025 is set aside, consequently, the Criminal Revision Application No. 444 of 2025 stands disposed of. 6.

By reserving the liberty to the parties to approach the Court having jurisdiction over family matters, this Petition is disposed of. 7.

This Court appreciates the efforts made by the Petitioner and Respondent No. 1 to arrive at a workable arrangement regarding the visitation rights of the toddler presently in the care and custody of the Petitioner.

8.

This Court also appreciates the approach of Mr. Vikas Kolekar, learned Advocate for the Applicant, and Ms. Sadakhatoon Shaikh, learned Advocate for Respondent No. 2, in this sensitive matter.

(ASHWIN D. BHOBE, J.) Digitally signed by ARJUN KRISHNA RODGE Date:

2026.05.09 12:09:02 +0530 ARJUN KRISHNA RODGE