IN THE LEARNED METROPOLITAN MAGISTRATE

COURT_______ AT BORIVALI , MUMBAI

CRIMINAL COMPLAINT NO. OF 2023

Mrs Rukhsar Muzammil Shaikh

nee Ms. Rukhsar Abubakar Tanoli
Age years, Occ:
Residing at Mahatma Phule Nagar Zopadpatti,
Room no.60, Opp Baudha Vihar,
Teen Dongri, Goregaon (West),
Maharashtra,Mumbai-400104 …… Complainant
V/s

Mr. Muzammil Rafiq Shaikh,

S/o. Rafiq Shaikh

Residing at Room no-1,

Ahmed Khan House, Eksar Road,

Eksar Naitodi Gaonthan, Borivali West,

Mumbai Suburban, Maharashtra

Mumbai-400092 …..…Accused

APPLICATION UNDER SECTION

156 (3) & 200 OF Cr.PC.
COMPLAINT FOR CHEATING AND
CRIMINAL BREACH OF TRUST
U/S. 420, 406, 506,498a, 375 OF I.P.C.

THE COMPLAINANT ABOVENAMED STATE AS UNDER -

The Complainant above named most respectfully states as under :-

 1) The complainant state the marriage between complainant

and accused were solemnized on 02/05/2023 under

section 13 of The Special Marriage Act,1954 .

2) The complainant state that Marriage was witnessed by

Tabassum Rafiq Shaikh, Rahila Noor Mohammad Khan,

Afsarunisa Abubakar Tanoli, Certified by Mr Vijay

Eknath Chikale, Marriage officer Mumbai Suburban

District Through Marriage No 1572, Notice No 1211.

Hereto annexed and marked as Exhibit A” is the copy of

Marriage Certificate.

3) The Complainant states that accused have traditionally as

per shariat Completed the “Muh-Meeta” ceremony on

14th May 2023 with pomp and fare in presence of all the

relatives from both sides.

4) The complainant states that accused and complainant met in

year 2022 through social media site after that accused

both decided to meet, post some meetings accused

 expressed love towards complainant accepted accused

love proposal, after which accused and complainant met

frequently and accused started forcing her for Physical

intimacy and to fulfill the purpose accused took

complainant to lodging and hotels, evidences will be

corroborated or produced as in when requires or

mandated by law, Complainant states that accused

forcefully showed him porn videos and fantasized the

same and used unnatural way of penetration and when

complainant objected to this accused used to get

frustrated and turned violent towards her, however later

accused apologized and pleaded for forgiveness from

complainant, however it repeatedly had happened during

their affair.

5) The complainant state that accused have been manipulative,

had ulterior motives may be secretly, which complainant

was unaware of, complainant states that accused have

remained dishonest with him during the courtship

association, complainant further states that accused had

been violent on on few occasion during courtship, despite

accused had previously evaded from the promise of

marriage, after lot of deliberation and pleading from

complainant accused agreed for marriage.

6) The complainant state that to her shock and studder on the

same date when accused got married that is on

02/05/2023 at evening accused left for Oman without

informing complainant .

7) The complainant states that woman cherishes all her life of

being a bride and enjoy the joyous day of marriage and

first night of the marriage, which accused cruelly denied or

deprived complainant which is no less than a crime and

morally breakage of scared marriage vows.

8) The complainant states since the day of marriage accused

have left complainant at the mercy of her maternal

family, accused have not entertained complainant phone

call, if accused do answer the Phone call accused don’t

take the note of complainant plea, albeit accused told her

many times that he doesn’t believe in court marriage

and she can do whatever she wants, which is again a

denial of Husband/ marital duties towards his wife

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therefore it is evident accused have miserably failed to

honor marriage vows and promises.

9) The complainant states that when she tried to seek the

intervention of accused mother that is accused mother, Mrs.

Tabassum Rafiq Shaikh, accused mother had abused,

intimated , ridiculed, humiliated Complainant over the

phone and threatned Complainant of dire consequences and

used words like “ DYAN” “CHUDAIL” and Further body

shamed her over the phone exclaiming “teri jaisi se mera

beta shaddi kar hi nahi sakta” “Tere pass kya hai dene ke

liye mere bete ko” also questioned her character,

complainant states she was pained to hear that accused

mother has taunted stating “Tum log ne kuch diya nahi,

hume toh badi Umeed thi” meanwhile accused sister and

complainant’s sister-in-law i.e. Mrs. Rahila khan have been

relentlessly used abusive and demeaning words which

cannot be stated here and threatened with dire consequences

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and threatened for life.

10) The complainant states that when she told accused about

accused mother and sister behavior on the phone albeit

sympathizing with complainant situation, accused

threatened her and asked complaiant to behave as per

Islamic culture of abiding elders, otherwise she will be

punished as per shariat prophecy i.e beating wife to bring

her on right track also accused threatened accompanying

muslim scholars from masjid and elderly from his home,

at complainant house and society, accused also told her

to arrange for deposit amount and advance rent for their

new home and all furniture’s and fixtures of house and then

talk to him about cohabiting the marriage which evidently

means that accused and his family intention for dowry.

11) The complainant states that accused have manipulated

her during courtship , deceived her with promise to

marriage and established sexual relationship with

complainant, complainant has paid hotel bills for

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vacation in Goa and Alibaug and now accused have

abandoned her, insisting complainant to agree to his

monetary needs .

12) The complainant states she feels deceived, cheated as

accused had married complainant because she had

secured a good job and was about to leave for

Australia and accused intention was to live a king-

size lavish lifestyle feeding on complainant’s money,

however when complainant changed her mind

and decided to settle in India accused attitude has

changed considerably and accused have abandoned

her since then at maternal home.

13) The complainant states that accused have multiple

affairs with other girls which she has evidences to be

produced when as in during the investigation in front

of Hon’ble Court, Complainant states accused is

habitual womanizer and want to live a life of

Casanova and deceitfully bait innocent girls and

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manipulate to get physical intimacy and money,

accompanied with promise of marriage.

14) The complainant states that through this marriage

accused have created nuisance and brought bad name

to her family and her in toto which has maligned

repute in strata of society.

15) The complainant states that accused have humiliated

complainant in front of her family members and

friends, complainant states that accused cruel

behavior towards complainant has pained her beyond

the limit of her endurance.

16) The complainant states that accused obnoxious

/Errant/ Ruthless/ wicked/ unmannerly behavior and

recklessness towards dishonor of marriage has caused

gross/ conspicuous irreparable damage to the

consciouses of complainant which gave complainant

sleepless night also due to his unruly/adamant

behavior, which will have a long-lasting adverse

 10

effect and lifted complainant trust from pious

institution of marriage.

17) The complainant states that she had seen great

qualities pre-marriage and admired accused of what he

portrayed towards her, therefore complainant agreed

to accused love proposal but to her utter

disappointment / bad fortune eventually this marriage

seems to see no day light, as cohabitation of

marriage or any reconciling seems far from truth.

18) The complainant states that accused was

panic-stricken /horrified/ frightened/at aghast with the

way accused had treated her after she

chose to settle in India as if she had spoiled accused

master plan.

19) The complainant states that it is Unbearably

Distressing to see how accused have used

complainant trust and manipulated her as a bait to

accomplish accused ulterior motive which was to

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extract money from complainant above Rs.10 lakh and

establish sexual relationship.

20) The complainant requested and pleaded accused with

utmost humility through the legal notice from her

advocate, to honor the marriage Vows and promise

and reinstate her legal rights as wife ,complainant

politely desired her humble plea to fulfill her marital

privilege which accused blatantly denied through his

reply from his advocate on 10/06/2023. Hereto

Complainant legal notice to accused and reply to

complainant from accused through his advocate

Exhibit “B” Colly

21) The Complainant submits that the Accused had with

her full knowledge had given the false excuses and

pretext therefore the Accused succeeded to cheat the

complainant for her wrongful gain by causing

unlawful losses to the Complainant. Hence, it is

crystal clear that the Accused deserves to be

 12

prosecuted for committing the offence of the cheating

and criminal breach of trust which is punishable u/s.

375,377,417,420, 406, 506 of IPC.

22) The complainant state that on 22/08/2023 written a

complaint to, Goregaon West Police Station for

registering compliant against the accused. Hereto

annexed and marked as Exhibit “C” is the copy of

written complaint dated 22/08/2023.

23) The complainant state that thereafter she approached

Divisional ACP of Goregaon Division on 26/08/2023,

Exhibit “D” further approached DCP ZONE XI

Borivali with same complaint on 30/08/2023, Exhibit

“E’ to act on her complaint and direct Goregaon

Police Station to lodge complaint against the accused

for cheating, demand of dowry, Sexual Exploitation,

beating, demand of dowry and harassment of

complainant.

24) The complainant states at one evening of __ august

 13

2023 accused called complainant to meet and settle

the matter at Inorbit mall at Malad west, wherein

accused threatened her for the life and asked her to

leave him and settle otherwise will face the dire

consequences and threatened for life, however

complainant sensed some thing at miss and left the

meeting later accused pursued her back road of malad

west and assaulted her aggrieved by this complainant

with her grandmother reached Goregaon police station

to narrate the incident however, Goregaon police

station cited jurisdiction issue due to the offence

beyond the jurisdiction and refused to entertain the

complaint.

25) The complainant state that complainant given written

complaint to ACP or DCP for registering the FIR

against the said accused but till date no any FIR or

crime register against the accused till the date of filing

this application. The complainant states that Goregaon

 14

police station official PSI Sakinal called her at late

nigh for statement multiple times, and promised for

action since then however no progress, complainant

went to Goregaon police station many time however

police officials had paid no heed to complainants plea.

26) The Complainant states that all the abovesaid offences

committed by the Accused at the address of the said

marriage at Mumbai and offences occurred at

Goregaon west is within the territorial jurisdiction of

Goregaon Police Station Mumbai where the cause of

action of this case is arisen. Therefore, this Hon’ble

Court has got the ample jurisdiction to try, entertain

and dispose off the present Complaint.

1. The Complainant states that the except the above complaint

no any other complaint is moved or filed by the

Complainant before any court of law on the basis of same

cause of action and touching the subject matter.

2. The Complainant states that all the ingredients of the

charged leveled against the Accused in the above matter are

 15

available in this Complaint, hence the present Complaint is

maintainable in the eyes of laws.

3. Therefore it is prayed that:-

a. That this Hon’ble Court be please to the may be pleased to

send this Complaint to the Senior Inspector of Police,

Goregaon Police Station, Mumbai for enquiry and report by

exercising the powers u/s. 156 (3) of Cr.P.C. in the interest

of justice.

b. That this Hon’ble Court be pleased to direct the Goregaon

Police to register the FIR against the accused U/s. UNDER

SECTION 156 (3) OF CR.P.C. Complaint For Cheating And

Criminal Breach Of Trust U/S. 417,420, 406,375,377498-a,

506 OF I.P.C.

AND FOR THIS ACT OF KINDNESS THE COMPLAINANT AS

IN DUTY BOUND SHALL EVER PRAY.

Advocate for the Complainant Complainant

 16

VERIFICATION

I, Mrs Rukhsar Muzammil Shaikh nee Ms. Rukhsar Abubakar

Tanoli Age years, Occ: Residing at Mahatma Phule Nagar
Zopadpatti, Room no.60, Opp Baudha Vihar, Teen Dongri,
Goregaon (West), Maharashtra,Mumbai-400104, the Complainant,
do hereby state on solemn affirm and declare that whatever stated
in the foregoing paragraphs of this reply are true and correct to the
best of my knowledge and I believe the same to be true.

Solemnly affirmed at Mumbai )

This day of October, 2023 )

Identified by me,

COMPLAINANT

Before me,

Advocate for the Complainant

17
 18

IN THE LEARNED METROPOLITAN MAGISTRATE

COURT AT BORIVALI , MUMBAI

CRIMINAL COMPLAINT NO. OF 2023

Mrs Rukhsar Muzammil Shaikh

nee Ms. Rukhsar Abubakar Tanoli … Complainants

Versus

Mr. Muzammil Rafiq Shaikh, …Accused

INDEX
SR. PARTICULARS PAGE
NO. NOS.
1. Exhibit A” is the copy of Marriage
Certificate
2. Exhibit “B” Colly are the copies of
notice dated 15th July, 2023 and reply
dated 10.06.2023
3. Exhibit “C” is the copy of written
complaint dated 22/08/2023.
4. Exhibit “D” is the copy of complaint
dated 26.08.2023 to Division Office of
ACP Goregaon
5 Exhibit “E” is the copy of written
complaint dated 30/08/2023 to DCP
Zone XI
6 Vakalatnama
19

Advocate for the Complainant

 20

IN THE LEARNED METROPOLITAN MAGISTRATE

COURT AT BORIVALI , MUMBAI

CRIMINAL COMPLAINT NO. OF 2023

Mrs Rukhsar Muzammil Shaikh

nee Ms. Rukhsar Abubakar Tanoli … Complainants

Versus

Mr. Muzammil Rafiq Shaikh, …Accused

MEMORANDUM OF THE ADDRESS : -

Mrs Rukhsar Muzammil Shaikh

nee Ms. Rukhsar Abubakar Tanoli
Residing at Mahatma Phule Nagar Zopadpatti,
Room no.60, Opp Baudha Vihar,
Teen Dongri, Goregaon (West),
Maharashtra,Mumbai-400104

C/o. Adv. Narayan L. Mishra

Advocate for Complainant
310 D-Imperial Heights
BEST Colony, Opp.
Goregaon Fire Brigade,
Goregaon West,
Mumbai -400104

Advocate for the Complainant

21
 22

IN THE LEARNED METROPOLITAN MAGISTRATE

COURT AT BORIVALI , MUMBAI

CRIMINAL COMPLAINT NO. OF 2023

Mrs Rukhsar Muzammil Shaikh

nee Ms. Rukhsar Abubakar Tanoli … Complainants

Versus

Mr. Muzammil Rafiq Shaikh, …Accused

LIST OF DOCUMENTS
SR. PARTICULARS PAGE
NO. NOS.
1. Exhibit A” is the copy of Marriage
Certificate
2. Exhibit “B” Colly are the copies of
notice dated 15th July, 2023 and reply
by accused through advocate 10/06/2023
3. Exhibit “C” is the copy of written
complaint dated 22/08/2023 to Goregaon
police station
4. Exhibit “D” is the copy of complaint
dated 26.08.2023 to the division office
of ACP Goregaon west
5 Exhibit “E” is the copy of written
complaint dated 30/08/2023 to zone XI
DCP
6 Any other relevant documents
23

Advocate for the Complainant

 24

IN THE LEARNED METROPOLITAN MAGISTRATE

COURT AT BORIVALI , MUMBAI

CRIMINAL COMPLAINT NO. OF 2023

Mrs Rukhsar Muzammil Shaikh

nee Ms. Rukhsar Abubakar Tanoli … Complainants

Versus

Mr. Muzammil Rafiq Shaikh, …Accused

AFFIDAVIT-IN-SUPPORT OF COMPLIANT

I, Mrs Rukhsar Muzammil Shaikh nee Ms. Rukhsar

Abubakar Tanoli Age years, Occ: Residing at Mahatma Phule

Nagar Zopadpatti, Room no.60, Opp Baudha Vihar, Teen Dongri,

Goregaon (West), Maharashtra,Mumbai-400104, the Complainant,

do hereby on solemn affirmation state & declare as under–

1. I say that I am fully conversant with the facts of the case & I

have filed this Complaint against the Accused above named

for cheating and criminal breach of trust as prayed by me in

the Complaint. We crave leave to refer to & rely upon the

Complaint & proceedings for the purposes of this affidavit.

 25

2. I say that the facts of the case are stated in the Complaint in

detail & we adopt the Complaint as part of this affidavit in

support of the Complaint taken out by the Complainant, as if

the same is part & parcel of this affidavit.

Whatever stated is true and correct to the best of our

knowledge and belief.

Mumbai
Dated -

Advocate for the Complainant Complainant

 26

VERIFICATION

I, Mrs Rukhsar Muzammil Shaikh nee Ms. Rukhsar Abubakar

Tanoli Age years, Occ: Residing at Mahatma Phule Nagar

Zopadpatti, Room no.60, Opp Baudha Vihar, Teen Dongri,

Goregaon (West), Maharashtra,Mumbai-400104, the Complainant,

do hereby state on solemn affirmation that whatever stated in

above paragraphs of the affidavit in support of notice of motion are

true & correct to the best of our knowledge & belief.

Solemnly affirmed at Mumbai )

On this ___ day of October, 2023 ) Complainant

Identified, Explained and

Interpreted by me

Before me,

Advocate for the Complainant

 27

I am not a member of the Advocate Welfare Fund, therefore stamp

of Rs.2/- is not affixed herewith

Advocate
IN THE LEARNED METROPOLITAN MAGISTRATE
COURT AT BORIVALI , MUMBAI

CRIMINAL COMPLAINT NO. OF 2023

Mrs Rukhsar Muzammil Shaikh

nee Ms. Rukhsar Abubakar Tanoli
Age years, Occ:
Residing at Mahatma Phule Nagar Zopadpatti,
Room no.60, Opp Baudha Vihar,
Teen Dongri, Goregaon (West),
Maharashtra,Mumbai-400104 . Complainant
V/s

Mr. Muzammil Rafiq Shaikh,

S/o. Rafiq Shaikh

Residing at Room no-1,

Ahmed Khan House, Eksar Road,

Eksar Naitodi Gaonthan, Borivali West,

Mumbai Suburban, Maharashtra

Mumbai-400092 …Accused
 28

VAKALATNAMA

TO,
THE REGISTRAR,
JUDICIAL MAGISTRATE, ANDHERI
MUMBAI.
I, the Complainants above named, do hereby appoint &
authorize Mr. Narayan L. Mishra Advocate, to appear, act, Plead,
for me/us in above matter.
In witness whereof I/We have set my hand to this writing.
Dated day of October, 2023
Witnesses

Accepted

Adv. Narayan L. Mishra

Advocate for Complainant Complainant
310 D-Imperial Heights
BEST Colony, Opp.
Goregaon Fire Brigade,
Goregaon West,
Mumbai -400104
 29

IN THE LEARNED METROPOLITAN

MAGISTRATE COURT AT BORIVALI
, MUMBAI

CRIMINAL COMPLAINT NO.

OF 2023

Mrs Rukhsar Muzammil Shaikh

nee Ms. Rukhsar Abubakar Tanoli
… Complainants
Versus
Mr. Muzammil Rafiq Shaikh, …Accused

COMPLAINT

Dated this ___ day of October, 2023

Adv. Narayan L. Mishra

Advocate for Complainant
310 D-Imperial Heights
BEST Colony, Opp.
Goregaon Fire Brigade,
Goregaon West,
Mumbai -400104
 30

IN THE LEARNED METROPOLITAN

MAGISTRATE COURT AT BORIVALI ,
MUMBAI
CRIMINAL COMPLAINT NO.
OF 2023
Mrs Rukhsar Muzammil Shaikh
nee Ms. Rukhsar Abubakar Tanoli
… Complainants
Versus
Mr. Muzammil Rafiq Shaikh, …Accused

AFFIDAVIT IN SUPPORT OF
COMPLAINT

Dated this ___ day of October, 2023

Adv. Narayan L. Mishra

Advocate for Complainant
310 D-Imperial Heights
BEST Colony, Opp.
Goregaon Fire Brigade,
Goregaon West,
Mumbai -400104