Bombay High Court
Mohd Junaid Mohd Iqbal Ahemad (Husband) ... vs State Of Mah. Thr. Pso, Akot File, Tah. ... on 17 June, 2025
Author: Anil S. Kilor
Bench: Anil S. Kilor
2025:BHC-NAG:5540-DB
931 apl 1448-2023.odt 1/7
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.1448/2023
1. Mohd Junaid Mohd Iqbal Ahemad
(Husband), aged about 30 years, Occ.
Free lancer, R/o Samanvay Nagar-02,
near Stadium, Khamgaon, Buldhana
2. Mohd Iqbal Abdul Kadir Ahemad,
(Father-in-law), aged about 64 years,
Occ. Retired,
3. Shahina Firdos D/o Mohd Iqbal
Ahemad, (Sister-in-law), aged about
36 years,
Both 2 and 3 r/o Mastan Chowk, near
Masjid, Khamgaon, Dist Buldhana,
4. Samina W/o Majur Noman, (Sister -in- law),
aged about 34 years,
R/o Abdul Majid Chowk,
Cyclepura, Malkapur, Dist. Buldhana.
5. Iftekhar Ahemad Abdul Quadir,
(paternal uncle-in-law), aged about
50 years, Occ Teacher,
6. Shabana Parveen Iftekhar Ahemad,
(paternal aunt-in-law), aged about
45 years, Occ Household,
Both 5 and 6 r/o Phatakpura,
Mastan Chowk road, Ward No.17,
near Masjid, Khamgaon, Dist Buldhana,
....APPLICANTS
931 apl 1448-2023.odt 2/7
....VERSUS....
1. State of Maharashtra
Through P.S.O Akot file,
Tah & District: Akola
2. Mrs. Javeria Anam w/o Mohd Junaid
Ahemad, Aged about 25 years,
Occ: Household, R/o: C/o Mohd Arif
Mohd Sirajjuddin, near KGN Kirana,
Akbar Plot, Akot File, Akola.
....NON-APPLICANTS
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Ms Punam D. Pusurde, Advocate for applicants
Shri S.V. Narale, APP for non-applicant No.1/State
Shri C.A. Joshi, Advocate for non-applicant No.2
------------------------------------------------------------------------------------------
CORAM : ANIL S. KILOR AND ABHAY J. MANTRI, JJ.
DATED: 17.06.2025
ORAL JUDGMENT (PER ANIL S. KILOR, J.)
. Heard.
2. Rule. The Rule is made returnable forthwith.
Heard finally by consent of learned Counsel for the
respective parties.
3. Present application is filed under Section 482 of
the Cr.PC for quashment of First Information Report
bearing No.463/2023 dated 27.08.2023 registered with
Police Station Akot File, District Akola, for the offence
punishable under Sections 498-A, 323, 504, read with
Section 34 of the Indian Penal Code. Applicant No.1 is the
husband, applicant No.2 is father-in-law, applicant No.3 is
sister-in-law, applicant No.4 is sister-in-law, applicant No.5
is paternal uncle-in-law and applicant No.6 is paternal
aunt-in-law of non-applicant No.2.
4. It is the case of the prosecution that after
marriage of non-applicant No.2 with applicant No.1 was
performed on 14.02.2021. Thereafter, ill treatment and
harassment was caused to non-applicant No.2 by the
applicants. It is alleged that the harassment was on the
ground that the gifts were not given in the marriage by the
parents of the non-applicant No.2. Further, it is alleged
that there was harassment and assault on the ground of
demand of Rs.5,00,000/- (Five Lakhs) to purchase a Four
Wheeler. As far as the applicant Nos.2 to 6 are concerned,
the allegations are that they used to instigate applicant
No.1 and quarrel with the non-applicant No.2.
5. If the allegations made in the First Information
Report are taken on its face value, it is evident that these
allegations do not constitute any offence as alleged against
applicant Nos.2 to 6. The allegations against the non-
applicant Nos.2 to 6 are vague and appears to have made
with an ulterior motive to falsely implicate the applicant in
the alleged offence.
6. This is the matter relating to matrimonial
dispute. The tendency to falsely implicate family members
of husband is on the rise and Hon'ble Supreme Court time
and again observed about such tendency in various
judgments. It appears that the present matter is one of
such matters.
7. At this stage, considering that there is a prima
facie material against applicant No.1, learned Counsel for
applicants, on instructions makes a statement that she
does not want to press the application qua the applicant
No.1.
8. Learned APP and learned Counsel for non-
applicant No.2, however opposed the application and
submits that there are allegations against all the applicants
which sufficiently show the complicity of the applicants in
the alleged offence. We do not find any favour with the
arguments made by the learned APP and learned Counsel
for non-applicant No.2.
9. As far as applicant Nos.2 to 6 are concerned, as
we have already observed that the allegations against the
applicant Nos.2 to 6 are vague and no sufficient details of
any of the incident relating to ill-treatment or torturer has
been given. In that view of the matter, if applicant Nos.2
to 6 are forced and compelled to face the trial, it would
amount to abuse of process of law. Accordingly, we pass
the following order:
(i) The application is partly allowed.
(ii) The application is disposed of against applicant
No.1 as withdrawn.
(iii) The application is allowed qua application
Nos.2 to 6.
(iv) The First Information Report bearing Crime
First Information Report bearing No.463/2023 dated
27.08.2023 registered with Police Station Akot File,
District Akola, for the offence punishable under Sections
498-A, 323, 504, read with Section 34 of the Indian Penal
Code, is hereby quashed and set aside against the
applicant Nos.2 to 6 namely Mohd Iqbal Abdul Kadir
Ahemad, Shahina Firdos D/o Mohd Iqbal Ahemad, Samina
W/o Majur Noman, Iftekhar Ahemad Abdul Quadir,
Shabana Parveen Iftekhar Ahemad, respectively.
10. Rule is made absolute in above terms
accordingly.
(ABHAY J. MANTRI, J.) (ANIL S. KILOR, J.)
R.S. Sahare
Signed by: Mrs. Ranjana Sahare
Designation: PA To Honourable Judge
Date: 17/06/2025 18:07:51
