Bombay High Court
Parveen W/O Hafeez Shaikh And 6 Others vs State Of Mah. Thr. Pso, Ps Bhandara, ... on 17 June, 2025
Author: Anil S. Kilor
Bench: Anil S. Kilor
2025:BHC-NAG:5541-DB
932 apl 1684-2023.odt 1/6
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.1684/2023
1. Smt. Parveen w/o Hafeez Shaikh
Aged 60 years, Occupation Household
2. Ms. Rukhsana d/o Hafeez Sheikh
Aged 37 years, occupation Household
3. Mr. Javed Shaikh s/o Hafeez Shaikh
Aged 35 years, Occupation Service
4. Mrs. Heena w/o Javed Shaikh (Shaheen)
Aged 28 years, Occupation hosuewife,
1 to 4 R/o Smruti Nagar, Koradi road, Nagpur,
District Nagpur.
5. Mr. Shiekh Nadim Ahmed,
Age 43 years, Occupation Private
6. Mrs. Shahjahan Anjum Nadeem Ahmed
Age 41 years, Occupation Housewife
Both 5 and 6 R/o Marampallay, Aluva
District Ernakulam, Kerela.
7. Babu Khan
Age 63 years, Occupation: Private
R/o Nalsaheb square, old Bhandara Road,
District Bhandara.
....APPLICANTS
932 apl 1684-2023.odt 2/6
....VERSUS....
1. State of Maharashtra
Through Police Station Officer,
Police Station Bhandara,
Bhandara, District Bhandara.
2. Mrs. Sayema w/o Iqbal Sheikh
Age 32 years, Occupation: Private
R/o Ansari ward, Bhandara, District
Bhandara.
....NON-APPLICANTS
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Shri R.R. Vyas, Advocate for applicants
Shri K.R. Lule, APP for non-applicant No.1/State
Shri Pranit Vairagade, Advocate for non-applicant No.2
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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.846/2023 dated 29.11.2023 registered with
Police Station Bhandara, for the offence punishable under
Sections 498-A, 504, 506 read with Section 34 of the
Indian Penal Code. Applicant No.1 is mother-in-law,
applicant No.2 is sister-in-law, applicant No.3 is brother-
in-law, applicant No.4 is wife of brother-in-law, applicant
No.5 is husband of sister-in-law, applicant No.6 is sister-in-
law and applicant No.7 is maternal uncle of husband of
non-applicant No.2.
4. It is the case of the prosecution that on
12.01.2023, the non-applicant No.2 got married with son
of applicant No.1. It is further case of the prosecution that
on 29.11.2023, non-applicant No.2 lodged a complaint
alleging that her husband and present applicants tortured
and ill-treated her after the marriage. It is further alleged
that the husband and other accused used to quarrel with
her and assault her. She stated the incident dated
05.04.2023, wherein the allegations are of assault by
husband. It is alleged that the husband of non-applicant
No.2 gave two slaps to her and thereafter, because of her
health condition, she was required to hospitalize. It is
further alleged that there was a demand by her husband
of Car. If the First Information Report and the allegations
made in the same are considered in totality, primarily they
are against the husband. Whereas, the allegations against
the applicants are of instigation.
5. The allegations against the applicants are vague
and no specific incident or basic details are provided in
the complaint, which are required considering the rising
tendency of falsely implicating the family members of
husband in such matrimonial matters. Thus, in absence of
specific and basic details about any of the allegations
made against the applicants and considering the language
of Section 498-A of the Indian Penal Code, we are of the
opinion that no offence constitutes against the applicants
under Section 498-A of the Indian Penal Code.
Furthermore, as far as the offence under Section 504 and
506 of the Indian Penal Code are concerned, there are no
sufficient material or the allegations to constitute those
offence too.
6. In that view of the matter, though learned APP
and learned Counsel for non-applicant No.2 have strongly
opposed the application and praying for dismissal of the
present application, we are of the opinion that since the
allegations do not constitute any offence, compelling them
to face the trial would amount to abuse the process of law.
Accordingly, we pass the following order:
(i) The application is allowed.
(ii) The First Information Report bearing
No.846/2023 dated 29.11.2023 registered with Police
Station Bhandara, for the offence punishable under
Sections 498-A, 504, 506 read with Section 34 of the
Indian Penal Code, is hereby quashed and set aside qua
the applicants.
7. 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 18:08:49
