Bombay High Court
Rakhi Anant Sawant D/O Anand Shankar ... vs State Of Maharashtra And Anr on 15 October, 2025
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
2025:BHC-AS:45996-DB
NISHA Digitally signed by NISHA
SANDEEP CHITNIS
SANDEEP Date: 2025.10.18 1-wp.4401.2024.doc
CHITNIS 15:39:29 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.4401 OF 2024
Rakhi Anant Sawant
D/o. Anand Shankar Sawant
Adult, Indian Inhabitant, aged about 45 years
Residing at Flat No.501, Serenity Building,
Near Safar Cafe, Jogeshwari, Mumbai
Presently, at Dubai ...Petitioner
Versus
1. The State of Maharashtra
through Inspector in charge,
Amboli Police Station,
To be served through Public Prosecutor,
High Court, Mumbai.
2. Aadil Khan
Adult, Indian Inhabitant, residing at
2348/1, Mission Hospital Road,
Mandi Mohalla,
Mysore, Karnataka 570001. ...Respondents
Mr. Ashok M. Saraogi i/b Ms. Falguni Brahmbhatt, Ms. Rukhsar
Anssari, Mr. Kadir Lokhandwala, Mr. Girish Palav and Ms. Priti Rao
for the Petitioner.
Mr. R. M. Pethe, A.P.P for the Respondent No.1-State.
Mr. Suhail Shariff a/w Ms. Ajreen Shaikh, Ms. Mitali Varma and
Mr. Mohammad Omar Hashmi for the Respondent No.2.
PSI - Nitin Kamble from Amboli Police Station, Mumbai, is present.
N. S. Chitnis 1/8
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1-wp.4401.2024.doc
CORAM : REVATI MOHITE DERE &
SANDESH D. PATIL, JJ.
DATE : 15th OCTOBER 2025
ORAL JUDGMENT (Per Revati Mohite Dere, J.):-
1. At the outset, learned counsel for the petitioner seeks leave
to amend the petition. Leave granted. Amendment to be carried out
forthwith.
2. Heard learned counsel for the parties.
3. Rule. Rule is made returnable forthwith, with the consent
of the parties and is taken up for final disposal. Learned A.P.P waives
notice on behalf of the respondent No.1-State. Mr. Shariff waives
notice on behalf of the respondent No.2.
4. By this petition, the petitioner seeks quashing of the FIR
bearing C.R. No.870 of 2023, registered at the behest of the
respondent No.2 with the Amboli Police Station, Mumbai, for the
1-wp.4401.2024.doc
alleged offences punishable under Sections 500 r/w 34 of the Indian
Penal Code and under Section 67A of the Information Technology
Act. We are informed that during the pendency of this petition,
charge-sheet has been filed and as such the learned counsel for the
petitioner also seeks quashing of the charge-sheet and the proceeding
pending before the learned Metropolitan Magistrate, 44 th Court,
Andheri, Mumbai, being C.C. No.2099/PW/2025. Quashing is
sought on the premise that the parties have amicably settled their
dispute.
5. Perused the papers.The petitioner and the respondent No.2
got married in the year 2022 as per the Muslim rites and customs.
Thereafter, the said marriage was registered. It appears that there was
some matrimonial dispute/discord between the parties, pursuant to
which, the petitioner filed an FIR which was registered vide C.R.
No.119 of 2023 with the Oshiwara Police Station, Mumbai, for the
alleged offences punishable under Sections 377, 323, 406, 498A, 504,
506 of the Indian Penal Code. The respondent No.2 also filed the
1-wp.4401.2024.doc
aforesaid C.R. being C.R. No. 870 of 2023, with the Amboli Police
Station, Mumbai, alleging the aforesaid offences, since the petitioner
had shared certain videos of the petitioner and the respondent No.2
on WhatsApp to the respondent No.2's friends.
6. Learned Counsel for the respondent No. 2 has tendered
an affidavit of the respondent No.2 dated 15 th October 2025. The
said affidavit is taken on record. Paras 1, 3, 4, 5 and 6 of the said
affidavit, reads thus:
"1. I say that I have learnt that the above said Petitioner
has preferred the above Writ Petition for Quashing of
the Criminal Case No. 2099/PW/2025 arising out of
FIR No. 870 of 2023 u/s 500, 34 of the Indian Penal
Code r/w Section 67 of the Information Technology
Act registered with Amboli Police Station pending
before Ld. 44th Metropolitan Magistrate Court,
Andheri, Mumbai. I am recording my Irrevocable
Consent for Quashing of the above Criminal
Complaint. I say that the said Criminal Case is now
pending before the Ld. 44th Metropolitan Magistrate
Court, Andheri, Mumbai, wherein the Petitioner is
arraigned as an Accused. I say that I had filed the said
complaint against petitioner, but now we have
amicably settled our dispute. I now have no objection
against the said Petitioner as arraigned in above C.C
No. 2099/PW/2025 for Quashing of the said
1-wp.4401.2024.doc
complaint. I also state that I am withdrawing the said
complaint on account of amicable settlement between
us. Therefore, I withdraw all allegations made against
him in my pleading, correspondence before any legal
forum and shall not cause to prosecute the same in
view of the said settlement/compounding.
3. I say that I have no complaint against the Petitioner
and I do hereby cause to withdraw all allegations,
complaint/s made against the Petitioner before any
forum in writing or otherwise.
4. I say that the parties have agreed that they will not
interfere in the personal life of each other and not
make any remarks/comments against each other in
public or before any media company or publish
anything that is unjust or defamatory against each
other after the filing of the present consent affidavit.
5. I say that after filing of this affidavit the parties herein
have agreed not to pursue any future legal proceeding
in any jurisdiction within India and shall withdraw
all/any proceedings of whatsoever nature initiated by
them anywhere in India including the city of Mysore.
6. I state that I agree to withdraw the following cases
filed against the Petitioner within a period of 4 weeks
from the date of filing of this Consent terms and that I
shall remain present as and when required and shall
file appropriate Consent Affidavit/No Objection:"
a. C.C. No. 126/SS/2023 u/s 499, 500 of The Indian
Penal Code r/w 190, 200 of The Criminal Procedure
1-wp.4401.2024.doc
Code, 1973 that is pending adjudication before the Ld.
44th Metropolitan Magistrate Court, Andheri,
Mumbai.
b. PCR No. 1284 of 2023 u/s 494, 496, 406 and 420 of
the Indian Penal Code pending before Ld. PRL Civil
Judge and JMFC, Mysuru."
7. Respondent No. 2 is present in Court. On being
questioned, he re-iterates what is stated by him in his affidavit i.e. he
has no objection for the quashing of the proceeding initiated on his
behalf as against the petitioner. Learned counsel for the respondent
No. 2 has tendered a self attested photocopy of the aadhar card of the
respondent No. 2. The same is taken on record. Learned Counsel for
the respondent No.2 has identified the respondent No.2 and the
learned APP has verified the aadhar card of the respondent No.2.
8. As noted aforesaid, the petitoner and the respondent No.2
were married in the year 2022, pursuant to which, there was some
marital discord between the parties. The respondent No.2 lodged the
aforesaid C.R. with the Amboli Police Station, Mumbai, and the
1-wp.4401.2024.doc
petitioner lodged another C.R. being C.R. No.119 of 2023 with the
Oshiwara Police Station, Mumbai, as against the respondent No.2. We
have today, by a separate order passed in Writ Petition No.1566 of
2024, quashed the FIR, charge-sheet and the proceeding as against
the respondent No.2 i.e. C.R. No.119 of 2023 registered with the
Oshiwara Police Station, Mumbai, for the alleged offences punishable
under Sections 377, 323, 406, 498A, 504, 506 of the Indian Penal
Code and consequently, the charge-sheet and the proceeding pending
before the learned Judicial Magistrate First Class, Andheri Railway
Mobile Court, Andheri, Mumbai, being C.C. No.20/PW/2024.
9. As noted above, the dispute is a matrimonial dispute,
which has been settled by the parties amicably.
10. Considering the nature of dispute, the amicable settlement
between the parties, the affidavit filed by the respondent No.2 and
having regard to the judicial pronouncements in this regard, there is
no impediment in allowing the petition.
1-wp.4401.2024.doc
11. The petition is accordingly allowed and the FIR bearing
C.R. No.870 of 2023, registered at the behest of the respondent No.2
with the Amboli Police Station, Mumbai, for the alleged offences
punishable under Sections 500 r/w 34 of the Indian Penal Code and
under Section 67A of the Information Technology Act and
consequently, the proceeding pending before the learned Metropolitan
Magistrate, 44th Court, Andheri, Mumbai, being C.C.
No.2099/PW/2025, are quashed and set-aside.
12. Needless to state that, both the parties to abide by the
undertakings given by them in their respective affidavits.
13. Rule is made absolute in the aforesaid terms. Petition is
disposed of accordingly.
All concerned to act on the authenticated copy of this judgment.
SANDESH D. PATIL, J. REVATI MOHITE DERE, J.
