Sadique @ Addu Aslam Shaikh v. State Of Maharashtra And ANR

by GAYATRI RAJENDRA SHIMPI Date:

2026.01.21 20:03:22 +0530 GAYATRI RAJENDRA SHIMPI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 23 OF 2026 Sadique @ Addu Aslam Shaikh ... Applicant V/s.

The State of Maharashtra & Anr.

... Respondents --- Mr. Tuushar Sonawane, Advocate for Applicant. Ms. Pooja Satpute, Advocate for Respondent No. 2 (Complainant). Mr. Sukanta Karmakar, APP for Respondent - State. Mr. Sachin Desai - PSI, Shanti Nagar Police Thane. --- CORAM :

ASHWIN D. BHOBE, J.

DATE :

17th JANUARY, 2026.

----- P.C. :

1.

By the present Application, Applicant has sought for the following substantive reliefs :- "b) By way of suitable writ, order or direction, be pleased to quash & set aside the FIR in a case bearing Crime No. 1358/2025 registered at Shantinagar Police Station, Bhiwandi for the offences alleged u/s. 64, 64(2) (m) of Bhartiya Nyay Sanhita 2023 on 18-12-2025. annexed at Exh.A to the present Petition."

2.

Applicant is present in Court along with his Advocate Mr. Tuushar Sonawane. Respondent No. 2 is present in Court along with her Advocate Ms. Pooja Satpute.

3.

Mr. Tuushar Sonawane and Ms. Pooja Satpute jointly submit that the Applicant and Respondent No. 2 have amicably resolved the dispute. They submit that the Respondent No. 2 has sworn an affidavit 7th January, 2026 before Notary Pralhad G. Patil, Bhiwandi, District Thane and the same is produced on record (at page No. 50 to 53 of the petition paper book). Said affidavit is marked 'X' for identification. Photostat copy of the Aadhar Card of Respondent No. 2 is taken on record and marked 'X-1' for identification.

4.

Respondent No. 2 (Payal Kailas Gujar @ Ifa Momin) who is present in Court, admits her signature on the affidavit ('X'), at point 'A' on page No. 53. She states that the affidavit ('X') is filed out of her own free will and without any pressure or coercion from any person. She states that the contents of paragraph Nos. 1 to 7 in the affidavit are as per her say. She states that she and the

Applicant have resolved the dispute. She by relying on paragraph No. 3 of the affidavit ('X'), states that the impugned FIR be quashed.

5.

Applicant who is present in Court states that the dispute between him and Respondent No. 2 is settled. 6.

Mr. Tuushar Sonawane and Ms. Pooja Satpute, submit that the matter being settled between the parties, no purpose would be served in continuing with the criminal proceedings. 7.

Mr. Sukanta Karmakar, learned APP for State, submits that the Applicant and Respondent No. 2, having resolved the dispute the impugned FIR be quashed.

8.

The Hon'ble Supreme Court in the case of Amol Bhagwan Nehul Vs. The State of Maharashtra & Anr1 in paragraph No. 9 has observed as follows :- "In our considered view, this is also not a case where there was a false promise to marry to begin with. A 2025 SCC OnLine SC 1230

consensual relationship turning sour or partners becoming distant cannot be a ground for invoking criminal machinery of the State. Such conduct not only burdens the Courts, but blots the identity of an individual accused of such a heinous offence. This Court has time and again warned against the misuse of the provisions, and has termed it a folly to treat each breach of promise to marry as a false promise and prosecute a person for an offence under section 376 IPC." 9.

Perusal of the impugned FIR indicates that consensual relationship between the Applicant and Respondent No. 2 turned sour resulting in filing of the criminal proceedings. Considering the statements made by the Respondent No. 2 in her affidavit ('X'), I deem it fit and proper to exercise powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita to quash the criminal proceedings.

10.

In view of the above, the Application is allowed in terms of prayer clause (b). Consequently, the First Information Report bearing No. 1358 of 2025, registered at Shantinagar Police Station, Bhiwandi is quashed.

11.

There shall be no order as to costs.

12.

Criminal Application No. 23 of 2026 allowed in the above terms.

(ASHWIN D. BHOBE, J.)