[Cites 7, Cited by 0]
Bombay High Court
Mohammadamin Manouchehr Ghesmati vs The State Of Maharashtra And Anr on 27 March, 2026
Digitally signed
by LAXMIKANT
2026:BHC-AS:14889
LAXMIKANT GOPAL
CHANDAN
GOPAL (901) APL-465.26.DOCX
Date:
CHANDAN 2026.03.27
19:29:04
+0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.465 OF 2026
Mohammadamin Manouchehr Ghesmati : Applicant.
Versus
The State of Maharashtra and ors. : Respondents.
______________________________________________________
Mr. Sandeep Raman for the Applicant.
Ms. Pallavi Dabholkar, APP for the Respondent/State.
Ms. Vaishnavi Nagargoje for the Respondent No.2.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 27 March 2026
PC:-
1. Heard Mr. Sandeep Raman, learned Advocate for the
Applicant, Ms. Pallavi Dabholkar, learned APP for the
Respondent/State and Ms. Vaishanvi Nagargoje, learned
Advocate for the Respondent No.2.
2. This Application under Section 528 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 is preferred by the Applicant
for quashing the FIR bearing No.1110 of 2021 (impugned
FIR) dated 30 July 2021 registered with the Malvani Police
Station for the offences punishable under Sections 354, 323,
504 and 34 of the Indian Penal Code and the charge-sheet
arising out of the impugned FIR.
(901) APL-465.26.DOCX
3. Mr. Sandeep Raman, learned Advocate for the Applicant
and Ms. Vaishnavi Nagargoje, learned Advocate for the
Respondent No.2, submit that the Applicant, the Respondent
No.2 and the Respondent No.3 were the friends. They submit
that on account of a misunderstanding amongst themselves
led to a dispute which resulted in the Respondent No.2 filing a
complaint on the basis of which the impugned FIR came to be
registered. They submit that the Applicant, the Respondent
No.2 and the Respondent No.3 have amicably resolved the
dispute and the Respondent No.2 has given her no objection
in an Affidavit dated 27 March 2026. They submit that the
Respondent No.2 is a citizen of the United States of America
and that she intends to return to her country for good. They
therefore submit that the impugned FIR and the charge-sheet
arising out of the impugned FIR be quashed.
4. The Applicant is present in the Court and is identified by
his Advocate Mr. Sandeep Raman. He tenders the Photostat
copy of the Applicant's Identity Card, which is taken on record
and marked as "X" for identification.
5. Respondent No.2 is present in the Court and is
identified by her Advocate Ms. Vaishnavi Nagargoje. He
tenders the Photostat copy of Respondent No.2's Identity
Card, which is taken on record and marked as "X-1" for
identification.
6. Ms. Vaishnavi Nagargoje, learned Advocate for the
Respondent No.2, states that the Affidavit dated 27 March
(901) APL-465.26.DOCX
2026 affirmed by Respondent No.2 before the Notary S. N.
Dhanage is placed on record, the same is marked as "X-2" for
identification.
7. Respondent No. 2, who is present in Court, 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.
Respondent No.2 states that she intends to return to her
country permanently with effect from 30 March 2026 and to
settle in life. She submits that the misunderstanding amongst
her, the Applicant and the Respondent No.3 is amicably
resolved, and therefore, she does not want to continue with
the criminal proceedings and wants to end it. She submits that
she would not support the case of the prosecution. She
submits that she, the Applicant and the Respondent No.2
continue with their friendship. She reiterates her no objection
for quashing of the criminal proceedings. She relies on
paragraph Nos. 4, 5, 6 7 and 8 of her Affidavit (X-2), which
are transcribed herein below in verbatim :-
"4. I state that the said FIR arose out of personal
disputes and misunderstandings between myself and Mr.
Mohammadamin Manouchehr Ghesmati (Accused No. 1 in
Chargesheet) & Ms. Raya Jahan (Accused No. 2 in
Chargesheet) in relation to certain personal and
professional interactions.
5. I state that the aforesaid FIR and the
consequential proceedings arise out of allegations
pertaining to the alleged outraging of my modesty and, as
such, constitute my personal and private grievance and
that, with the intervention of well-wishers and respectable
members of society, I have now amicably resolved the
(901) APL-465.26.DOCX
dispute and have agreed to settle the matter.
6. I state that I am an American citizen and I
intend to return to my country permanently on 30th March
2026 and wish to settle in life. In view thereof, I do not
intend to pursue the abovementioned matter any further.
7. I state that I do not wish to prosecute or pursue
the aforesaid FIR and the consequential proceedings any
further and, therefore, I have no objection if this Hon'ble
Court is pleased to quash and set aside the FIR bearing
C.R. No. 1110 of 2021 dated 30/07/2021 registered with
Malvani Police Station, Mumbai for offences punishable
under Sections 354, 323, 504 read with Section 34 of the
Indian Penal Code, 1860, as well as the Chargesheet filed
before the Learned Metropolitan Magistrate, 24th Court,
Borivali, Mumbai, registered and numbered as Police Case
No. S/2404871/2023, insofar as the same pertains to all
the accused persons, namely Mr. Mohammadamin
Manouchehr Ghesmati (Accused No. 1 in the Chargesheet)
and Ms. Raya Jahan (Accused No. 2 in the Chargesheet).
8. I state that I have voluntarily, of my own free
will and without any coercion, pressure, threat or undue
influence, decided to put an end to all disputes with all the
accused persons."
8. Ms. Pallavi Dabholkar, learned APP for the
Respondent/State, submits that the Applicant, the Respondent
No.2 and the Respondent No.3 cannot take the police
machinery for granted and file complaints on the basis of
misunderstanding amongst themselves. She however states
that as the Applicant, the Respondent No.2 and the
Respondent No.3 having resolved the misunderstanding
amongst themselves, and the Respondent No.2 intends to
return to her country, she does not object to the quashing of
the impugned FIR and the charge-sheet arising out of the
impugned FIR. However, she submits that the Applicant and
the concerned Respondents should be imposed with costs.
(901) APL-465.26.DOCX
9. Mr. Sandeep Raman, learned Advocate for the Applicant
and Ms. Vaishnavi Nagargoje, learned Advocate for the
Respondent No.2, on instructions from the Applicant and the
Respondent No.2, submit that appropriate costs would be
paid.
10. Considering the above mentioned facts, the submissions
of the learned Advocates for the parties, the nature of dispute,
as is revealed from the impugned FIR to be a dispute amongst
friends, which dispute is now settled between the parties, the
Respondent No.2 intending to leave this country and return
back to her country for good, the Respondent No.2 having
specifically stated that she does not intend to continue with
the criminal proceedings commenced at the basis of her
complaint and her no objection in Affidavit (X-2), no useful
purpose will be served by allowing the criminal prosecution to
continue. Having regards to the pronouncements of the
Hon'ble Hon'ble Supreme Court in Gian Singh vs State Of
Punjab1, Narinder Singh And Ors vs State Of Punjab And Anr 2
and Parbatbhai Aahir @ Parbatbhai vs The State Of Gujarat 3,
there is no impediment in allowing this Application.
11. In view of the above, Criminal Application No.465 of
2026 is allowed in terms of prayer clauses (A) and (B) subject
to payment of costs of Rs.50,000/- by the Applicant and
2012 10 SCC 303
2014 6 SCC 466
2017 9 SCC 641
(901) APL-465.26.DOCX
Rs.50,000/- by the Respondent No.2. Payment of costs is a
condition precedent. Consequently, the impugned FIR and the
Charge-sheet arising out of the impugned FIR are quashed.
12. The Applicant and the Respondent No.2 shall deposit
their respective costs 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 17 April 2026.
a] The Applicant shall deposit the amount of Rs.50,000/-
in :-
Central Police Welfare Fund
Director General MS Mumbai
Account No: 914010029005759
Bank : Axis Bank Limited
Branch : Worli, Mumbai (M.H.), Mumbai - 400 025
IFSC Code: UTIB0000060
b] The Respondent No.2 shall deposit the 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
13. The Criminal Application No. 465 of 2026 is disposed of.
(ASHWIN D. BHOBE, J.)
