Bombay High Court
Adil Khan Durrani vs State Of Maharashtra And Anr on 15 October, 2025
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
2025:BHC-AS:45966-DB
NISHA Digitally signed by NISHA
SANDEEP CHITNIS
SANDEEP Date: 2025.10.18
CHITNIS 15:03:06 +0530
1-wp.1566.2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.1566 OF 2024
Adil Khan Durrani
[Original Accused]
[Husband of Respondent No.2]
Aged: 30 years, Adult, Muslim,
Indian Inhabitant, Resident
Of 2348/1, Mission Hospital Road,
Mandi Mohalla,
Karnataka-570001.
Presently Residing in Mumbai ...Petitioner
Versus
1. The State of Maharashtra
Through the Public Prosecutor's Office,
The Hon'ble Bombay High Court, Mumbai.
2. Rakhi Sawant
[Original Complainant/First Informant]
Aged about 46 years, Adult, Indian Inhabitant,
Having residential address at Room No.501,
Serenity Building, Near Cafe Safar ,
Jogeshwari West, Mumbai - 400 060. ...Respondents
Mr. Suhail Shariff a/w Ms. Ajreen Shaikh, Ms. Mitali Varma and
Mr. Mohammad Omar Hashmi for the Petitioner.
Mr. R. M. Pethe, A.P.P for the Respondent No.1-State.
Mr. Ashok M. Saraogi i/b Ms. Falguni Brahmbhatt, Ms. Rukhsar
Anssari, Mr. Kadir Lokhandwala, Mr. Girish Palav and Ms. Priti Rao
for the Respondent No.2.
N. S. Chitnis 1/9
::: Uploaded on - 18/10/2025 ::: Downloaded on - 24/10/2025 22:32:30 :::
1-wp.1566.2024.doc
PSI - Dipak Thorat from Oshiwara Police Station, Mumbai, is
present.
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. Saraogi waives
notice on behalf of the respondent No.2.
1-wp.1566.2024.doc
4. By this petition, the petitioner seeks quashing of the FIR
bearing 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. It appears
that post the filing of the FIR, charge-sheet has been filed in the said
case and as such the petitioner also seeks quashing of the same, as well
as the proceeding pending before the learned Judicial Magistrate First
Class, Andheri Railway Mobile Court, Andheri, Mumbai, being C.C.
No.20/PW/2024. Quashing is sought with the consent of the parties
i.e. in view of the amicable settlement arrived at between the parties.
5. Perused the papers. The petitioner and the respondent
No.2 got married in the year 2022 as per 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 respondent No.2 lodged 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,
1-wp.1566.2024.doc
504, 506 of the Indian Penal Code. It appears that in the said case
during the course of investigation the petitioner was arrested and
subsequently released on bail. After, the filing of the charge-sheet, the
petitioner and the respondent No.2 decided to amicably settle their
dispute i.e. not only C.R. No.119 of 2023 but also another C.R. being
C.R. No.870 of 2023, registered at the behest of the petitioner, as
against 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.
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 to 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. 20/PW/2024 emanating from
FIR No. 119/2023 registered with Oshiwara Police
Station u/s 377, 498A, 323, 504, 506 of The Indian
1-wp.1566.2024.doc
Penal Code, 1860 pending adjudication before the Ld.
Railway 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. Railway Court,
Andheri, Mumbai, wherein the Petitioner is arraigned
as an Accused. I say that I had filed the said complaint
against the petitioner, but now we have amicably
settled our dispute. I have no objection against the said
Petitioner as arraigned in the above C.C No.
20/PW/2024 for Quashing of the said complaint. I also
state that I am withdrawing the said complaint on
account of the 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.
2. I crave leave to refer to and rely upon the said
complaint/FIR/Statement, as if the same is forming
part of my present affidavit. I further state that I shall
not press for any compensation and/or claim any
damages from the Petitioner, as arraigned in the above
criminal case C.C No. 20/PW/2024 pending before Ld.
Railway Court, Andheri, Mumbai, in future over the
said cause and so also the same act will be reciprocated
by the Petitioner. I further state that I am filing the
present consent terms date 17.07.2025 with no undue
influence or coercion by the Petitioner before this
Hon'ble Court.
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.
1-wp.1566.2024.doc
4. I say we have agreed that we 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 we 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 us
anywhere in India.
6. I say that I agree to withdraw the following cases filed
against the Petitioner within a period of 4 weeks from
the date of filing consent and that the Petitioner
husband shall remain present as and when required
and shall file appropriate Consent Affidavit/No
Objection:
a. C.C. No. 136/SS/2023 that is pending for trial
before Ld. Railway Court Andheri, Mumbai.
b. C.C. No. 1527/SC/2024 u/s 138 of The
Negotiable Instruments Act, 1881 that is pending
adjudication before the Ld. 48th Metropolitan
Magistrate Court, Andheri, Mumbai.
c. C.C. No. 1528/SC/2024 u/s 138 of The
Negotiable Instruments Act, 1881 that is pending
adjudication before the Ld. 48th Metropolitan
Magistrate Court, Andheri, Mumbai."
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7. Respondent No. 2 is present in Court. On being
questioned, she re-iterates what is stated by her in her affidavit i.e. she
has no objection for the quashing of the FIR/charge-sheet and
proceeding initiated on her behalf as against the petitioner, in view of
the amicable settlement between her and the petitioner. It is further
stated in the affidavit that on conclusion of the aforesaid proceedings
and another C.R. being C.R. No.870 of 2023, registered with the
Amboli Police Station, Mumbai, the parties will be initiating
appropriate divorce proceedings before the appropriate forum.
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. The dispute between the parties arises out of a marital
discord. The parties have amicable settled their dispute.
1-wp.1566.2024.doc
9. 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.
10. The petition is accordingly allowed and the FIR bearing
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 proceeding pending before the learned Judicial Magistrate First
Class, Andheri Railway Mobile Court, Andheri, Mumbai, being C.C.
No.20/PW/2024, are quashed and set-aside.
11. Needless to state that, both the parties to abide by the
undertakings given by them in their respective affidavits.
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12. 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.
