Sher Banu Asjad Karolia vs State of Maharashtra and Anr. — Bombay HC (2026) — LawSathi Research

Sher Banu Asjad Karolia vs State of Maharashtra and Anr. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim procedural reliefs only: (i) leave to amend the Petition to implead Harshad Yusuf Karolia as Petitioner No.2 and to challenge the charge-sheet; (ii) liberty to file the charge-sheet and order framing charge in Crime No. 229/2024 on record within 7 days, amended copy to be served on the Respondents' advocate within three days thereafter; (iii) permission for Petitioner No.1 (senior citizen, aged 73) to appear through video conference subject to identification and ID proof; (iv) matter listed on 4th February, 2026. No ruling made on the merits of quashing.

Issue for consideration

Whether the FIR and the prosecution arising from the matrimonial dispute (Crime No. 229/2024, charge-sheet filed and charge framed during the Petition's pendency) can be quashed/challenged, with Respondent No.2 having consented to quashing of the FIR.

Court's answer

Leave granted to amend the Petition to join Harshad Yusuf Karolia as Petitioner No.2 and to challenge the charge-sheet, and to produce the charge-sheet and order framing charge in Crime No. 229/2024 on record; amendment to be carried out within 7 days, charge-sheet and order framing charge to be filed within that period, and the amended copy to be served on the Respondents' advocate within three days thereafter.

Ratio / Principle

Permission granted to Petitioner No.1, a senior citizen aged 73 years, to appear through video conference, subject to his being identified by Mr. Pawar and on production of ID proof.

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), Ashwin D. Bhobe, J. — Procedural order dated 14 January 2026 in Writ Petition No. 4399 of 2024 (Yusuf Hassen Karolia v. State of Maharashtra & Anr.) read with Interim Application No. 2805 of 2025 (Applicant: Sher Banu Asjad Karolia). The Petition seeks quashing of an FIR in Crime No. 229/2024 arising from a matrimonial dispute between the Petitioner's son and Respondent No.2, who has agreed to quashing by consent; the charge-sheet was filed and charge framed during the Petition's pendency. Leave granted to amend the Petition to join Harshad Yusuf Karolia as Petitioner No.2 and to challenge the charge-sheet, producing the charge-sheet and order framing charge on record (amendment within 7 days; amended copy to be served on the Respondents' advocate within 3 days thereafter). Petitioner No.1, a senior citizen aged 73 years, permitted to appear by video conference subject to identification by counsel and production of ID proof. Police presence recorded: PSI Somnath Avhad, Tilak Nagar Police Station, Mumbai. Matter adjourned to 4 February 2026 at counsel's request, by consent. No substantive ruling on the merits; no statute sections or precedent cases cited or relied upon.

19- WP 4399 of 2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

VAISHALI ANIL TIKAM

Digitally signed by VAISHALI ANIL TIKAM

Date: 2026.01.20 12:29:23 +0530

WRIT PETITION NO. 4399 OF 2024

Yusuf Hassen Karolia … Petitioner. V/s. State of Maharashtra and Anr. … Respondents.

WITH

INTERIM APPLICATION NO. 2805 OF 2025

IN

WRIT PETITION 4399 OF 2024

Sher Banu Asjad Karolia ... Applicant In the matter between Yusuf Hassen Karolia … Petitioner.

V/s.

State of Maharashtra and Anr. … Respondents.

Mr. Samay Pawar i/b. Ms. Reena Prajapati, Advocates for the Petitioner.

Mr. Umar A. Siddiqui a/w. Ms. Shazia Qureshi for Respondent No.2.

Sher Banu Asjad Karolia for Respondent No.2 in WP 4399 of 2024 and Applicant in IA.

PSI Somnath Avhad, Tilak Nagar Police Station, Mumbai.

CORAM : ASHWIN D. BHOBE, J. DATE : 14th JANUARY, 2026

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Tikam

19- WP 4399 of 2024.odt

P.C. :

Mr. Pawar, learned Advocate for the Petitioner states

that the subject matter of the present Petition is a matrimonial dispute between the son of the Petitioner and Respondent No.2. He submits that the family discord has been resolved and Respondent No.2 has agreed to quash the FIR by consent. He submits that by inadvertence the son of the Petitioner remained to be joined as party to the present Petition, as such, crave leave to join Harshad Yusuf Karolia as Petitioner No.2. He further submits that the charge-sheet has been filed during the pendency of the present Petition and therefore, he seeks leave to amend the Petition challenging the charge-sheet and produce the copy of the charge-sheet as also the order framing charge in Crime No. 229/2024 on record.

Mr. Umar A. Siddiqui, learned Advocate for Respondent No.1 and learned APP for Respondent No.1 do not object to the request made by the Petitioner.

In view of the above, leave as prayed to amend the Petition and produce the charge-sheet and order framing charge

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19- WP 4399 of 2024.odt

on record is granted. Amendment be carried out within 7 days from today. Similarly, charge-sheet and order framing charge be filed on record within the said period. Amended copy be served on the Advocate for the Respondents within three days thereafter.

Mr. Pawar states that Petitioner No.1 is a senior citizen, aged 73 years and as such, he requests permission to permit Petitioner No.1 to appear through VC. Permission granted subject to he being identified by Mr. Pawar and on production of ID proof.

At the request of Mr. Pawar, and by consent of Advocate Umar A. Siddiqui, list the matter on 4^th February, 2026.

(ASHWIN D. BHOBE, J.)

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Tikam