Bombay High Court
Vandana W/O Purushottam Ingole And ... vs State Of Mah. Thr. Pso, Civil Lines, Ps, ... on 5 February, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:1535-DB
901-apl 563-23.odt
1/5
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 563 OF 2023
1. Vandana Purushottam Ingole, Aged 53
years, Occup.Household,
2. Miss Darshana Purushottam Ingole, Aged
53 years, Occup. Private Both R/o Plot
No.10, Radhika Nagar, Near Vitthal
Mandir, Mangaldhan Colony, Dastur
Nagar, Post Rukmini Nagar, Amravati. Applicants
-Versus-
1. State of Maharashtra, through Police
Station Officer, Civil Lines, Police Station,
Akola.
2. Priyanka Umesh Gawande, Aged 31 years,
Occup. Household, R/o C/o Sudhakar
Tulshiram Wankhede, Sita Gita
Apartments, Behind Ram Mandir, Sudhir
Colony Akola. Non-
applicants.
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Mr.R.Tajne, counsel for the applicants.
Ms.Swati Kolhe, APP for non-applicant No.1.
Mr.J.B.Gandhi, counsel for non-applicant No.2.
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CORAM : VINAY JOSHI AND
VRUSHALI V. JOSHI, JJ.
DATE : 5th February, 2024
ORAL JUDGMENT (Per : Vinay Joshi, J.)
Heard.
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901-apl 563-23.odt
2. Admit. The application is heard finally with the consent of
the learned counsel for the parties.
3. This is an application seeking to quash the charge-sheet in
RCC No.450 of 2023 arising out of Crime No. 21 of 2023
registered with Police Station Civil Lines, District Akola for the
offences punishable under Sections 498-A, 506 r/w 34 of the
Indian Penal Code.
4. Non-applicant No.2 informant has lodged the report with
the police on 23.01.2023 alleging matrimonial harassment which
caused to police to register crime and investigate the matter. After
completing the formalities of investigation, charge-sheet has been
filed. It is informed that yet the trial court has not framed charges.
5. The learned counsel appearing for the applicants would
submit that the applicants are distant relatives having no
connection with matrimonial life of couple and thus, on vague
allegations, they have been falsely implicated. Particularly, it is
submitted that the reading of entire police report does not discloses
specific act attributing to present applicants and therefore,
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continuation of prosecution amounts to abuse of the process of the
Court.
6. The learned counsel appearing for the non applicant as
well as learned APP resisted the application by contending that
after thorough investigation, police found prima facie case which
resulted into filing of charge-sheet. Moreover, it is submitted that
the police report discloses the relationship of applicants with the
husband and there are allegations that applicants have instigated
husband to harass the informant.
7. With the assistance of both sides, we have examined the
entire police report coupled with the statements recorded during
the course of investigation. On the basis of report, police have
registered the crime against the husband, mother-in-law, sister-in-
law and applicants, who are maternal aunt of husband and her
daughter. Particularly, our attention has been invited that the
matrimonial house of the informant was at village Nimbari,
Anjangaon surji whilst, the applicants are residing separately at
Amravati which was at the distance of 80-90 km from matrimonial
house. Rather the said fact is evident from the police report itself.
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In that context, we have examined the allegations levelled against
the applicants. The marriage took place on 10.07.2019 and within
two weeks, the couple went to Pune, where they resided for a
considerable period. There is no allegation that the applicants have
either resided at matrimonial house or had been to Pune. The tenor
of police report only indicates a general allegation that all applicants
have taunted the informant as well as instigated the husband of
informant.
8. The material collected during the course of evidence does
not suggest any specific act attributing to the applicants. In the
reported case in the case of Kahkashan Kausar @ Sonam and others
Vs. State of Bihar and others reported in (2022)6 SCC 599, the
Hon'ble Supreme Court has expressed that the tendency of
implicating all relatives in the matrimonial proceeding is at rise. It
has been expressed that merely on the basis of vague and general
allegations, the distant relatives shall not be harassed by way of
implicating in domestic dispute. The above decision squarely
applies to the facts of this case since, there are no specific
allegations. In the circumstances, continuation of prosecution
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against the applicants is nothing but abuse of the process of the
court. Facing a criminal trial is having serious repercussions.
Hence, interest of justice would be secured by quashing the
proceedings.
9. In view of above, application is allowed. We hereby quash
and set aside the charge-sheet in RCC No.450 of 2023 arising out
of Crime No.21 of 2023 registered with Police Station Civil Lines,
District Akola for the offences punishable under Sections 498-A,
506 r/w 34 of the Indian Penal Code as regards to present
applicants only.
(VRUSHALI V. JOSHI, J) (VINAY JOSHI, J)
Signed by: Kavita P Tayade
Designation: PA To Honourable Judge
Date: 08/02/2024 10:29:34 Kavita.
