Bombay High Court
Prashant S/O Mohan Nimje And 2 ... vs The State Of Maharashtra, Thr. ... on 17 August, 2023
Bench: Vinay Joshi, Valmiki Sa Menezes
2023:BHC-NAG:12369-DB
22.apl303.2022jud.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO. 303 OF 2022
1. Prashant s/o Mohan Nimje
Aged 31 years, Occ.: Nil,
2. Shri Mohan s/o Upasrao Nimje
Aged 62 years, Occ.- Retired
3. Sau. Yashoda w/o Mohan Nimje
Aged 58 years, Occ.: Service
All are R/o. Plot No.27, Manohar Vihar Colony, ... Applicants
Hajari Pahad, Nagpur - 440007
Versus
1. State of Maharashtra,
Through PSO Kalamna Police Station,
Nagpur.
2. Shivani w/o Prashant Nimje
Aged 23 years, Occ. Nil,
R/o. C/o. Shri Ramesh Hedaoo, ... Non-applicants
Plot No.28/A, Gangabag Durga Chowk,
Pardi, Nagpur
Mrs. Smita Taksande, Advocate for applicants.
Mr. S.S. Doifode, APP for non-applicant No.1.
Mr. A.K. Madne, Advocate for non-applicant No.2.
CORAM : VINAY JOSHI, AND
VALMIKI SA MENEZES, JJ.
DATE : 17.08.2023.
ORAL JUDGMENT: (PER: Vinay Joshi, J)
Heard. Admit. Heard finally by consent of both the
learned counsel for the parties.
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22.apl303.2022jud.odt
(2) This is an application seeking to quash FIR as well
as charge-sheet relating to Crime No.853/2018 registered with Police
Station Kalamna, Nagpur, for the offence punishable under Section
498-A, 377 of the Indian Penal Code read with Section 4 of the Dowry
Prohibition Act, 1961, and related Regular Criminal Case
No.1932/2019 pending on the file of 15th Joint Civil Judge and
Judicial Magistrate First Class, Court (Special Court for Women)
Nagpur.
(3) Applicant No.1 is husband whilst applicant Nos.2 &
3 are father-in-law and mother-in-law of informant lady. It is their
contention that the allegations made in the FIR as well as police papers
does not make out a prima facie case to put them on trial. According
to applicants, the allegations are vague as well as they did not find
place in prior proceedings between the parties.
(4) With the assistance of both sides, we have examined
FIR as well as related case papers. The couple got married on
11.11.2017. Mr. Madne, learned counsel for non-applicant No.2, on
the other hand, seriously contested this application, as regards to the
applicant No.1-husband. He would submit that there was continuous
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monetary demand as well as the informant lady was mentally and
physically harassed.
(5) At the time of hearing, we have expressed our non-
inclination to consider the prayer as regards to the applicant No.1-
husband. At this stage, the applicants' learned counsel seeks for
withdrawal of this application to the extent of husband only. In view
of said submission, we have not considered the case of applicant No.1-
husband since, his application stands withdrawn.
(6) As regards to rest of the applicants are concerned on
careful examination, besides a general statement against mother-in-
law there is nothing to specify her act. There are no material
allegations against her which can be treated as matrimonial
harassment. Besides that there is an omnibus allegation that mother-
in-law as well as sister-in-law have abused her and raised monetary
demand. On the same set of facts, already trial Court has discharged
the sister-in-law, which is informed by the applicants' learned counsel.
Thus, besides general allegations there is nothing against the mother-
in-law. As regards to applicant No.2-father-in-law is concerned, entire
report is totally silent about even existence of father-in-law in the
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house. Therefore, the prosecution to the extent of parents-in-law is
untenable for want of prima facie case. In view of that, we are
inclined to exercise our inherent powers to the extent of parents-in-law
only. Hence, the following order:
ORDER
(i) Application is allowed.
(ii) Application as regards to applicant
No.1-husband namely Prashant s/o Mohan Nimje,
stands disposed since withdrawn.
(iii) We hereby quashed and set aside the
FIR as well as charge-sheet relates to applicant
No.2-Mohan s/o Upasrao Nimje and applicant
No.3-Yashoda w/o Mohan Nimje, relating to
Crime No.853/2018 registered with Police Station
Kalamna, Nagpur, for the offence punishable
under Section 498-A, 377 of the Indian Penal
Code read with Section 4 of the Dowry Prohibition
Act, 1961, and related Regular Criminal Case
No.1932/2019 pending on the file of 15th Joint
Civil Judge and Judicial Magistrate First Class,
Court (Special Court for Women) Nagpur.
[VALMIKI SA MENEZES, J.] [VINAY JOSHI, J.]
Prity
Signed by: Mrs. Prity Gabhane PAGE 4 OF 4
Designation: PA To Honourable Judge
Date: 19/08/2023 17:15:06
