Bombay High Court
Kunal S/O Satish Chaudhari And Others vs The State Of Maharashtra And Another on 18 March, 2025
Author: Vibha Kankanwadi
Bench: Vibha Kankanwadi
2025:BHC-AUG:7731-DB
1
Application 2381 of 2023.odt
THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
CRIMINAL APPLICATION NO. 2381 OF 2023
1. Kunal s/o Satish Chaudhari, (Husband)
Age 32 yrs. Occ. Agri.
2. Satish s/o Amrut Chaudhari, (Father in law)
Age 58 yrs. Occ. Agri.
3. Sanjubai w/o Satish Chaudhari, (Mother in law)
Age 55 yrs. Occ. Household.
4. Priyanka Rahul Patil, (Sister in law)
Age 30 yrs. Occ. Household
R/o Padalsare, Tq. Amalner
Dist. Jalgaon at present flat no. 1003,
10th floor, Building no. 1 Bliss
Dynamic Ultima Kalyan, Dist. Thane.
5. Vijay Rupsing Chaudhari, (Step Father in law)
Age 51 yrs. Occ. Agri.
6. Kalpana Vijay Chaudhari, (Step Mother in law)
Age 48 yrs. Occ. Household
7. Narmdabai Rupsing Chaudhari, (Step Grand mother in law)
Age 65 yrs. Occ. Nil
8. Rahul Rupsing Chaudhari, (Step father in law)
Age 42 yrs. Occ. Agri.
Applicant no. 1 to 3 and 5 to 8
R/o June Tonde, Thalner,
Tq. Shirpur, Dist. Dhule. ... Applicants
Versus
1. The State of Maharashtra
Through its Police Inspector
2
Application 2381 of 2023.odt
Chopda Rural Police Station,
Tq. Chopda, Dist. Jalgaon.
2. Vaishnavi @ Poonam Kunal Chaudhari,
Age 28 yrs. occ. Household
R/o June Tonde, Thalner, Tq. Shirpur,
Dist. Dhule
At present Nimgavhan, Tq. Chopda
Dist. Jalgaon. ... Respondents
...
Mr. Vinod Prakash Patil, Advocate for Applicants.
Mr. A. R. Kale, APP for Respondent No.1 / State.
Mr. Bharatkumar Ramdeo Warma, Advocate for Respondent No.2.
...
CORAM : SMT. VIBHA KANKANWADI &
SANJAY A. DESHMUKH, JJ.
RESERVED ON : 05th March, 2025.
PRONOUNCED ON : 18th March, 2025.
J U D G M E N T :
(Per Sanjay A. Deshmukh, J.)
. Rule. Rule made returnable forthwith. With the consent
of the learned Advocates appearing for the parties, heard finally at the
stage of admission.
2 This is an application under Section 482 of the Code of
Criminal Procedure, 1973, for quashment of the FIR bearing C.R.
No.104 of 2023, dated 24th May, 2023, registered with Chopda Rural
Application 2381 of 2023.odt
Police Station, Taluka Chopda, District Jalgaon, for the offences
punishable under Sections 498-A, 323, 504 and 506 read with 34 of
the Indian Penal Code, 1960 (for short "the IPC") and the
consequential charge-sheet No.50 of 2023 in R.C.C. No.146 of 2023.
3 The application of applicant No.1 was already disposed of
as withdrawn on 31st July, 2023. As per the application, the informant
/ respondent No.2 is the daughter-in-law of applicant Nos.2 and 3.
Applicant No.4 is the sister-in-law of respondent No.2. Applicant
Nos.5 and 6 are the step-parents-in-law of respondent No.2.
Applicant No.7 is the grand step-mother-in-law of respondent No.2
and applicant No.8 is step father-in-law of the informant.
4 It is averred in the report by respondent No.2/informant
that on 7th March, 2021 her marriage was performed with accused
Kunal. It was performed in Covid-19 pandemic lock-down in
Harehwar Mahadev Temple in Chopda. Her father spent
Rs.2,00,000/- for the said marriage. After marriage, she was residing
with her husband and applicant Nos.2 and 3. Applicant Nos.5 to 8
were residing adjacent to her matrimonial house. Applicant No.4 is
married and resides in Padalsare, Taluka Amalner, District Jalgaon.
After the marriage, the informant was treated well for fifteen days.
Application 2381 of 2023.odt
Thereafter, on 22nd March, 2021, the father of mother-in-law of
informant passed away due to cancer and (Manubai) grandmother-in-
law died on 30th March, 2021 due to old age. Due to these two
deaths, the attitude of the entire family changed towards the
informant. Her mother-in-law blamed her by saying her of being a
woman with white-feet and as soon as the informant come after
marriage in the house, she swallowed two persons. She called the
informant as "Kulaxmi" (bad woman). Applicant No.3 expressed that
the informant will destroy the entire family and the informant should be
expelled from the house. Applicant Nos.2 and 3 (parents-in-law) were
not allowing her husband to have a contact with informant. They were
not allowing the informant to speak with her husband. They were not
allowing the informant to sleep with her husband. When the informant
asked as to why they are doing so, then they said that the informant
has some evil spiritual power. They brought some ash like powder
from Mantrika / sorcerer. The informant was forced to consume ash
like powder for ten days.
5 The informant further averred that applicant No.4 (sister-
in-law) came to her maternal home for delivery in the seventh month
of pregnancy. The informant was not allowed to go to her room. The
accused were saying to informant that her shadow should not fall
Application 2381 of 2023.odt
upon applicant No.4. Because of this, the informant stayed away from
applicant No.4.
6 It is further averred that one day the legs of applicant No.4
became swollen and she started feeling discomfort. To relieve her
pain, the informant applied oil and massaged her legs, which helped
her sleep peacefully. Thereafter, applicant No.4 directed the
informant to massage her legs every night until 12:00 am. Once the
informant was not feeling well and went to bed early. Later, applicant
Nos.3, 4, 6 and 7 came to her and taunted her by saying "Maharani
you slept early and are you not ashamed? What is your routine work
(i.e. massage) ? You are naked (from poorest) family. That time, they
humiliated the informant by comparing her to the other daughters-in-
law and daughters of the house, saying they were beautiful and
belonged to wealthy families, whereas the informant did not suit their
family. They said that even the next generation of the husband of
informant would spoil if any child is begotten to the informant.
Applicant No.3 even stated that she was deliberately keeping accused
Kunal away from the informant and insisted that the informant should
be expelled from the house as soon as possible. Thereafter, applicant
Nos.3, 4, 6 and 7 were frequently pointing out the mistakes of her
work. Even though there was a washing machine at home, the
Application 2381 of 2023.odt
informant was not allowed to use it for washing clothes. Due to the
daily heavy workload, the informant fell ill. However, instead of taking
her to the hospital, her husband told her to take medicine available at
home. She felt that after some days, there will be change in the
behaviour of the applicants and they would accept her in future.
However, she was frequently treated with cruelty. She suffered
mentally and therefore, she became more weak. The applicants and
the husband of informant were saying that the informant is becoming
dark (black complexion). The informant must have had any illness
since before the marriage. Something like evil power is existed in the
body of informant. When the informant said that it is superstitious
thoughts, the applicants assaulted her with slaps and fist blows. They
said the informant that if she ever talked back to them again or
disclosed this matter to anyone, they would defame her in the village
and expel her from the house. Even the informant was not allowed to
go anywhere in the village.
7 It is further averred that on 6 th November, 2021, the
brother of informant Kuldeep Ashok Patil came to the informant's
house. At that time, before the informant could say anything to her
brother, the applicants started to say that the informant has some
illness, she suffers from coughs throughout the night, take her to her
Application 2381 of 2023.odt
maternal home and get her CT scan and a full body check-up done
and then fetch her back. Since then, the informant is residing with her
parents. After Diwali, her father called her father-in-law and asked
him to take the informant back to her marital home. At that time, her
father-in-law said that the informant does not suit to their family and
informant's father are not worthy of being their relatives. Saying this,
her father-in-law disconnect the phone. The informant was hoping
that after some days, the applicants and her husband would allow her
to live with them. On 16th January, 2022, the informant went to her in-
laws' house along with her father. That time, applicant No.3 (mother-
in-law) started shouting loudly. All the applicants gathered there. They
said that the informant has not undergone Corona test. Applicant
Nos.5 to 8 told that Corona is the only reason, however, the informant
is not suiting in their family. Other daughters-in-law are having
approximately gold ornaments worth Rs.10,00,000/-. They said if the
informant's father wants to send the informant for cohabitation, her
father should give her gold ornaments worth Rs.10,00,000/-,
otherwise, divorce is the last resort.
8 The informant further averred that her father arranged
Rs.5,00,000/- and called applicant Nos.2, 5, and 8, telling them to
purchase the gold of their choice. Upon this, applicant Nos. 2, 5, and
Application 2381 of 2023.odt
8 came to Chopda on 28th September, 2022 to buy the gold. The
informant alongwith her father and uncles Dilip Patil and Vilas Patil
went to Bapu Tea House, Chopda. Applicant Nos.2, 5 and 8 also
arrived there. They were offered tea. While having tea, her father
told them that he brought Rs.5,00,000/-. At that time, they refused to
drink tea and said to her father that he promised for purchasing gold
ornaments worth Rs.10,00,000/- and now saying Rs.5,00,000/-. They
abused the informant, her father and uncles and said that the
informant's side is devaluing them. Then applicant No.5 slapped the
informant and angrily went away and sat in the vehicle. The informant
was expecting that she will be allowed to cohabit with her husband.
But none of her in-laws came to take her back. Therefore, she filed
an application with the Women's Vigilance Committee, Jalgaon. Her
husband and applicant No.2 came there. But even there, they
refused to take the informant back. Therefore, the report was lodged.
9 The learned counsel for the applicants submitted that the
applicants are falsely implicated in the crime. The essential
ingredients of Section 498-A of the IPC are lacking. There is
unreasonable delay caused in filing the report. The applicants never
treated the informant with cruelty. Notice was sent to the informant by
her husband. Her husband filed HMP No.141 of 2023 under Sections
Application 2381 of 2023.odt
5(1) and 11 read with Section 23(A) of the Hindu Marriage Act, 1955
for declaration that the said marriage is null and void. It is contended
that informant's earlier marriage was dissolved, however, it is
customary divorce, which is not legal. The father and brother of the
informant are advocates by profession. They have cheated the family
of the applicants. The informant has filed Hindu Marriage Petition for
restitution of conjugal rights. False report is lodged against the
applicants. He lastly prayed to allow the application by quashing the
report and the charge-sheet.
10 The learned APP for the State strongly opposed the
application and submitted that the names of the applicants are
mentioned in the report. There are serious allegations against them.
They have continuously harassed the informant and lastly demanded
gold ornaments worth Rs.10,00,000/-. A quarrel took place when the
father of informant was ready to give gold ornaments worth
Rs.5,00,000/-. The roles of the applicants are specifically mentioned.
He lastly prayed to reject the application.
11 The learned counsel for respondent No.2 also strongly
opposed the application and submitted that the names of the
applicants are mentioned in the report. The applicants have treated
Application 2381 of 2023.odt
the informant with cruelty by saying that she is not suiting in their
family. The informant was forced to do heavy work. The statements
of witnesses materially corroborating the prosecution's case. The
essential ingredients of Section 498-A of the IPC and other sections
are establishing from the report and the statements of witnesses. He
submits that there is cruelty coupled with demand. He further
submitted that though there is litigation for restitution of conjugal rights
and divorce, the same is filed after lodging of the report. He
submitted that the fact of divorce of informant from earlier marriage
was communicated to the applicants and husband of the informant.
Therefore, there is no substance in the arguments of the learned
counsel for the applicants that the applicants were cheated. He lastly
prayed to reject the application.
12 We have perused the report and the charge-sheet.
13 It would be relevant to refer to the judgment in the case of
Rupali Devi Vs. State of Uttar pradesh, reported in, AIR OnLine
(2019) SC 394, in which it is held as under:-
"14. "Cruelty" which is the crux of the offence under
Section 498-A IPC is defined in Black's Law Dictionary
to mean "The intentional and malicious infliction of
Application 2381 of 2023.odt
mental or physical suffering on a living creature, esp.
a human; abusive treatment; outrage (Abuse,
inhuman treatment, indignity)". Cruelty can be both
physical or mental cruelty. The impact on the mental
health of the wife by overt acts on the part of the
husband or his relatives; the mental stress and trauma
of being driven away from the matrimonial home and
her helplessness to go back to the same home for
fear of being illtreated are aspects that cannot be
ignored while understanding the meaning of the
expression "cruelty" appearing in Section 498-A of the
Indian Penal Code. The emotional distress or
physiological effect on the wife, if not the physical
injury, is bound to continue to traumatize the wife even
after she leaves the matrimonial home and takes
shelter at the parental home. Even if the acts of
physical cruelty committed in the matrimonial house
may have ceased and such acts do not occur at the
parental home, there can be no doubt that the mental
trauma and the psychological distress cause by the
acts of the husband including verbal exchanges, if
any, that had compelled the wife to leave the
matrimonial home and take shelter with her parents
would continue to persist at the parental home.
Mental cruelty borne out of physical cruelty or abusive
and humiliating verbal exchanges would continue in
the parental home even though there may not be any
overt act of physical cruelty at such place."
Application 2381 of 2023.odt
14 A reference can be made to the judgment in the case of CBI
vs. Aryan Singh, reported in, 2023 SCC Online SC 379, in which the
Honourable Supreme Court held that as under:-
"Para 10... As per the cardinal principle of law, at the
stage of discharge and/or quashing of the criminal
proceedings, while exercising the powers under Section
482 Cr. P.C., the Court is not required to conduct the
mini trial."
15 It is alleged by the informant that since beginning, after
the deaths of father of mother-in-law and grandmother-in-law
(Manubai) in the same month when Covid-19 pandemic was going on,
the informant was blamed that because of her, those two persons
died. She was compelled to even to eat the ash. Allegations against
applicant No.1 are that she compelled the informant to massage her
legs and on that ground other applicants scolded the informant by
saying that, Maharani how you slept early ? Except that, there are no
allegations against applicant No.4. These allegations are not
sufficient to constitute alleged offence of cruelty on her part as per
Section 498-A of the IPC. She is residing with her husband at
Padalsare, Taluka Amalner, District Jalgaon and presently residing at
Kalyan, District Thane.
Application 2381 of 2023.odt
16 There are allegations against applicant Nos.2, 3 and 5 to
8 that they demanded gold ornaments worth Rs.10,00,000/-,
otherwise to take divorce. That incident is specific and that took place
on 16th January, 2022. Thereafter, the father of the informant
arranged Rs.5,00,000/- and called applicant Nos.2, 5, and 8 and
informed them to come at Chopda to purchase the gold ornaments of
their choice. In the presence of witnesses, on 28 th September, 2022
applicant Nos. 2, 5, and 8 said the father of informant that "you have
called by saying that we will purchase the gold ornaments of
Rs.10,00,000/- and now you are saying to purchase the gold
ornaments of Rs.5,00,000/-". That time the informant, her father and
uncles were abused and applicant No.5 slapped the informant and
angrily went away and sat in the vehicle. Thereafter, the informant
made application to Women's Vigilance Committee, Jalgaon. These
two incidents are stated by the informant to her parents and brother.
From their statements, it reveals that, except applicant No.4, other
applicants have treated the informant with cruelty by demanding gold
ornaments worth Rs.10,00,000/-, beaten and abused. All these facts,
prima-facie, establish the essential ingredients of Sections 498-A,
323, 504 and 506 of the IPC against applicant Nos.2, 3 and 5 to 8. As
far as delay is concerned, the last two incidents are occurred on 16 th
January, 2022 and 28th September, 2022 and the report was lodged
Application 2381 of 2023.odt
on 24th May, 2023, it can be explained during the trial. The persons,
who were present at the time of incident dated 28th September, 2022
are Dilip Patil and Vilas Patil, who have stated that incident. Another
witness Murlidhar Ramsingh Patil has stated the incident dated 16 th
January, 2022. Thus, there is material corroborative evidence, which
supports the informant's case. As far as some documents filed by the
applicants and respondents, which are not part of the charge-sheet,
are concerned, those cannot be considered at this stage. In such fact
circumstances and the reasons stated above, we are of the view that
the powers under Section 482 of the Cr.P.C. cannot be invoked in
favour of the applicants, except applicant No.4. We are, therefore, not
inclined to allow the application of applicant Nos.2, 3 and 5 to 8,
except applicant No.4. The application of applicant No.1 was already
disposed of as withdraw on 31st July, 2023. Hence, the following
order:-
ORDER
I. The application of applicant Nos.2, 3 and 5 to 8
stands rejected.
II. The FIR bearing C.R. No.104 of 2023, dated 24 th
May, 2023, registered with Chopda Rural Police
Station, Taluka Chopda, District Jalgaon, for the
offences punishable under Sections 498-A, 323, 504
Application 2381 of 2023.odt
and 506 read with 34 of the Indian Penal Code, 1960
(for short "the IPC") and the consequential charge-
sheet No.50 of 2023 in R.C.C. No.146 of 2023,
stands quashed to the extent of applicant No.4 viz
Priyanka Rahul Patil only.
III. The application stands disposed of.
IV. Rule is made absolute in the above terms.
[ SANJAY A. DESHMUKH, J. ] [ SMT. VIBHA KANKANWADI, J. ]
nga
