Bombay High Court
Yuvraj S/O. Bakshi Chavan And Others vs The State Of Mah. Thr. Pso, Ps Khandala, ... on 4 October, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:11255-DB
1 904.apl.1235.23-J.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO. 1235 OF 2023
1. Yuvraj S/o. Bakshi Chavan,
Aged about 45 years, Occu. Agriculturist. (Cousin Father-in-Law)
2. Tinkesh S/o. Yuvraj Chavan,
Aged 28 years, Occu. Agriculturist. (Cousin Brother-in-Law)
3. Jyotsna d/o. Yuvraj Chavan,
Aged about 23 years, Occu. Education (Cousin Sister-in-Law)
4. Komal d/o. Yuvraj Chavan,
Aged about 20 years, Occu. Education. (Cousin Sister-in-Law)
All R/o. Hivalni (T), Tq. Pusad,
District Yavatmal. ... APPLICANTS
...VERSUS...
1. The State of Maharashtra,
Through Police Station Officer,
Police Station Khandala, Pusad,
Tq. Pusad, District Yavatmal.
2. Punam W/o. Prashant Chavan,
Aged about 26 years, Occu. Household,
R/o. Hivalni Talav, Pusad, Khandala,
Tq. Pusad, District Yavatmal. ...NON-APPLICANTS
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Mr. V. R. Deshpande, Advocate for Applicants.
Ms M. H. Deshmukh, A.P.P. for Non-applicant/State.
Mr. S. G. Joshi, Advocate for Non-applicant No.2.
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CORAM : VINAY JOSHI AND
MRS.VRUSHALI V. JOSHI, JJ.
DATED :- 04.10.2024
ORAL JUDGMENT (PER : VINAY JOSHI, J.):-
1. Heard.
2 904.apl.1235.23-J.odt
2. ADMIT. The matter is taken up for final disposal by consent of
learned Counsel appearing for the parties.
3. This is an application seeking to quash Criminal prosecution namely
R.C.C. No.315/2021 arising out of First Information Report vide Crime
No.128/2020 registered with Police Station Khandala, District Yavatmal for
the offence punishable under Sections 498-A, 323 read with 34 of the
Indian Penal Code.
4. The informant lady has lodged a report against in all nine persons
alleging matrimonial harassment. It is informant's case that on 29.10.2017,
she got married on which she resumed to cohabit with husband and in-
laws. The applicants are cousin father-in-law, cousin brother-in-law, cousin
sisters-in-law of the informant. It is alleged that after marriage, she was not
treated well as the husband and in-laws used to harass her to meet unlawful
demand. She has made specific allegations against the husband and some
others. However, we are concerned with the applicants only, who are
distant relatives.
5. As regards to applicants, there is general and omnibus allegation that
they used to instigate the husband, on which he was harassing and beating
her. On careful examination, we could not find other material so as to
construe the specific act of either of the applicants. Confronting with
3 904.apl.1235.23-J.odt
omnibus allegations, we are tempted to refer the decision of the Hon'ble
Supreme Court in the case of Kahkashan Kausar Alias Sonam and Others
Vs. State of Bihar and Others reported in (2022) 6 SCC 599, wherein it is
made explicit clear that distant relatives of the husband cannot be dragged
in matrimonial dispute in absence of specific allegations. The said decision
squarely applies to the facts of this case.
6. The learned Counsel Mr. Joshi appearing for the informant has
opposed the application by contending that though the applicants are
distant relatives, there names have been specifically stated in the police
report. He took us to the statements of the relatives, where we find
reference about the present applicants. True, the informant has referred
these applicants, however, it cannot be denied that the allegations are
general about incitement without quoting instances or occasion. It would
be very unjust to put a person for trial on the basis of such nebulous
material. Therefore, we are not inclined to accept the resistance as made by
learned Counsel Mr. Joshi.
7. Having regard to the First Information Report and the material
collected during the course of the investigation, it reveals that besides
general allegations, there is nothing against the present applicants.
Moreover, it reveals from the police papers that after few days from the
marriage, the couple started to reside at Patna, Bihar State and thus, in
4 904.apl.1235.23-J.odt
absence of specific incident, it is difficult to accept the informant's case
about incitement at the hands of the applicants. In the circumstances, the
chances of conviction are quite remote. This is a fit case where one can say
that continuation of prosecution amounts to abuse of the process of the
Court.
8. In view of that, the application is allowed. We hereby quash and set
aside the criminal proceedings namely R.C.C. No.315/2021 arising out of
First Information Report vide Crime No.128/2020 registered with Police
Station Khandala, District Yavatmal for the offences punishable under
Sections 498-A, 323 read with 34 of the Indian Penal Code as regards to the
present applicants only.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
RGurnule
Signed by: Mrs. R.M. MANDADE
Designation: PA To Honourable Judge
Date: 09/10/2024 16:31:59
