Rajratan S/O Mahadevrao Moon vs State Of Mah. Thr. Pso Avdhootwadi ...
2025 Latest Caselaw 3645 Bom

Bombay High Court

Rajratan S/O Mahadevrao Moon vs State Of Mah. Thr. Pso Avdhootwadi ... on 19 August, 2025

Author: Anil L. Pansare

Bench: Anil L. Pansare

2025:BHC-NAG:8227-DB

                                                                                               949 apl 1064.22.odt
                                                            1


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                  NAGPUR BENCH, NAGPUR.

                           CRIMINAL APPLICATION (APL) NO. 1064/2022

                      Rajratan s/o Mahadevrao Moon,
                      aged 62 yrs., Occ. Retd. Medical Officer,
                      R/o. Pimpalgaon (Matankar),
                      Post - Hinganghat, Dist. Wardha.

                                                                                  ...APPLICANT

                                                  VERSUS
                 1.    State of Maharashtra,
                       through P.S.O. Avdhootwadi,
                       Yavatmal, Dist. Yavatmal.
                 2.    Sau. Jaya w/o. Rajratan Moon,
                       Age 50 yrs., Occ. Housewife,
                       R/o. Bhanudas Tamgadge
                       Plot No.68, New Gilani Nagar
                       Uwrsra Road, Yavatmal,
                       Avdhutwadi, Dist. Yavatmal.
                                                                              NON-APPLICANTS
                  -------------------------------------------------------------------------------------
                 Mr. M. Rai, Advocate for applicant.
                 Mr. A. Chutke, APP for non-applicant No.1/State.
                 Mr. P. Gode, Advocate for non-applicant No.2.
                 -------------------------------------------------------------------------------------
                                 CORAM               : ANIL L. PANSARE AND
                                                       M. M. NERLIKAR, JJ.
                                 DATE               : 19.08.2025

                 ORAL JUDGMENT : (PER: ANIL L. PANSARE , J.)

Heard.

949 apl 1064.22.odt

2. Issue Rule, returnable forthwith. Mr. A. Chutke,

learned APP waives service for non-applicant No.1-State and

Mr. P. Gode, learned counsel waives service for non-applicant

No.2. With the consent of learned counsel for the parties, the

application is taken up for final hearing.

3. The application is filed to quash the proceedings being

RCC No.1089/2021 pending before the learned Judicial

Magistrate First Class, Yavatmal for the offence punishable

under Sections 498-A, 504 and 506 of the Indian Penal Code

("IPC") was registered against the applicant vide Crime

No.747/2020.

4. The non-applicant No.2 lodged report stating therein

that she got married to the applicant in the year 1992. The

couple is blessed with a son and a daughter, having age 27 and

24 years respectively on the date when First Information Report

("FIR") was lodged. According to non-applicant No.2 right

from the inception, the relations between couple were not 949 apl 1064.22.odt

good. The applicant has allegedly quarrelling and abusing with

non-applicant No.2 on one or the other count.

5. We are informed that the non-applicant No.2 is living

her parent along with her children since 2012.

6. We have, with the assistance of both the parties gone

through the relevant material to find that ingredients of Section

498-A of the IPC are not attracted. Neither learned APP nor

learned counsel for non-applicant No.2 could show the

statement of witnesses including the non-applicant No.2 or any

other cogent evidence to show that the non-applicant No.2 was

subjected to cruelty in terms of Explanation 'a' and 'b'

of Section 498-A of the IPC. What has been stated by the non-

applicant No.2 is that the applicant was always quarrelling with

her and had abused her throughout the relationship. There is

however nothing to show that the conduct of the applicant was

such that would instigate the non-applicant No.2 to commit

suicide or to cause grave injury or danger to her life. There is

further no allegation of the applicant harassing the non-

949 apl 1064.22.odt

applicant No.2 with a view to meet any unlawful demand for

any property or valuable security or that there is harassment on

account of failure by non-applicant No.2 or her relatives to

meet such demands.

7. That being so, the ingredients of Section 498-A of IPC

are not attracted, even if, the charge-sheet is taken on its face

value. The continuation of the proceedings in such a state of

facts will amount to abuse of the process of law. This is thus a

fit case to invoke inherent jurisdiction under Section 482 of the

Code of Criminal Procedure. Accordingly, we allow the

application in terms of prayer clause (a) read as under:-

"a) quash and set aside the proceedings bearing RCC No.1089/2021 pending before the learned Judicial Magistrate First Class, Yavatmal on the basis of charge sheet filed against the applicant for the offences u/s 498-A, 504 and 506 of the I.P.C. vide crime No.747/2020 on 04.12.2020 registered with Police Station, Avdhotwadi, Yavatmal in the interest of justice."

8. Application stands disposed of.

( M. M. NERLIKAR , J.) (ANIL L. PANSARE, J.)

Gohane

Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 21/08/2025 10:45:11