Ikram Innus Masuldar And Others vs The State Of Maharashtra And ...
2023 Latest Caselaw 2278 Bom

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                                                        criappln1415.22.odt

         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD
               CRIMINAL APPLICATION NO. 1415 OF 2022

Asha Sayyadavali Masuldar                                      Applicant

       Versus

The State of Maharashtra & another               Respondents
                              WITH
             CRIMINAL APPLICATION NO. 1518 OF 2022

Ikram Innus Masuldar & others                                  Applicants

       Versus

The State of Maharashtra & another                             Respondents

Mr. A. M. Reddy, Advocate for the applicant.
Mr. S. J. Salgare, APP for the State.
Mr. S. B. Choudari, Advocate for respondent No. 2.

                                 CORAM : MANGESH S. PATIL &
                                         R. M. JOSHI, JJ.

DATE : 9 MARCH 2023.

PER COURT :

1. The parents-in-law, brother-in-law as also the sister of

mother-in-law of the respondent No. 2, by way of these two

applications, are seeking quashment of the crime registered at her

instance being First Information Report No. 43/2022 registered with

Bhada Police Station, Tq. Ausa, Dist. Latur, for the offences

punishable under Sections 498A, 323, 504 read with Section 34 of

the Indian Penal Code.

criappln1415.22.odt

2. We have heard both the sides. When we expressed our

disinclination to grant any relief to the parents-in-law and brother-in-

law of the respondent No. 2, learned Advocate for applicants, on

instructions, seeks leave to withdraw their application.

3. Criminal Application No. 1518/2022 is disposed of as

withdrawn.

4. As far as sister of the mother-in-law of the respondent

No. 2, the entire charge-sheet including the First Information Report

and the statements of parental side relatives of the respondent No. 2

named her conjointly with the rest of the accused persons as having

participated in subjecting her to cruelty on account of the alleged

demand of money and also on the ground that she could beget only

girls.

5. No specifc role is attributed to her. It is not even

whispered as to how she could conjointly with the other accused took

part in subjecting the respondent No. 2 to cruelty.

criappln1415.22.odt

6. The law is crystalised by catena of judgments referring to

the usual tendency to rope in as many relatives of the husband as

possible while lodging complaint under Section 498A of the Indian

Penal Code. This Court has to be circumspect in allowing such

distant relatives to be made to face the prosecution. Precisely for this

reason, it was imperative for the prosecution to demonstrate the

material suffcient to distinctly attribute some overt act to the sister

of mother-in-law of the respondent No. 2. But there is none.

7. We allow her application and quash and set aside First

Information Report No. 43/2022 registered with Bhada Police

Station, Tq. Ausa, Dist. Latur, for the offences punishable under

Sections 498A, 323, 504 read with Section 34 of the Indian Penal

Code and the charge-sheet to her extent only. Criminal Application

No. 1415/2022 is disposed of.

( R. M. JOSHI)                                 ( MANGESH S. PATIL )
    Judge                                            Judge

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