Bombay High Court
Sau. Bijli Sanjit Sarkar And 3 Others vs The State Of Maharashtra, Thr. Pso, ... on 6 November, 2025
2025:BHC-NAG:11571-DB
1 932.APL.672-2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO. 672 OF 2022
( Sau. Bijli Sanjit Sarkar & Ors.
Vs.
State of Maharashtra, Thr. PSO, Police Station, Ramnagar, Tah. &
Dist. Chandrapur & Anr. )
Office Notes, Office Memoranda Court's or Judge's orders
of Coram, Appearances, Court's
orders or directions and
Registrar's orders
Mr. A.A. Dhawas, Advocate for the Applicants.
Ms. Shamsi Haider, APP for the Non-applicant No.1/State.
CORAM: URMILA JOSHI-PHALKE AND
NANDESH S. DESHPANDE, JJ.
DATED : 6th NOVEMBER, 2025
1. The present Application is preferred by the
Applicants for quashing of the FIR in connection with Crime
No.44/2022 registered with Police Station, Ramnagar District
Chandrapur for the offence punishable under Sections 498-A,
504 and 506 read with Section 34 of the Indian Penal Code
and consequent proceeding arising out of the same bearing
R.C.C. No. 165/2022.
2. The Applicant No.1 is the mother-in-law, whereas
the Applicant Nos. 2 and 3 are sister-in-laws and Applicant
No.4 is the husband of the Applicant No.3. They are arraigned
as an accused on the basis of the report lodged by the
Non-applicant No.2 on an allegation that her marriage was
performed with the son of the Applicant No.1 on 23.11.2012.
Her husband was addicted with bad habits i.e. drinking liquor
2 932.APL.672-2022.odt
and was harassing her physically and mentally. Though she
disclosed these facts to the present Applicants but they had
not supported her, on the contrary they instigated her
husband and asked her to leave the matrimonial house. On
the basis of the said report Police have registered the crime
against the present Applicants.
3. Heard Mr. Dhawas, learned Counsel for the
Applicants, who submitted that as far as the allegations are
concerned against the present Applicants which are general,
vague and omnibus in nature. No specific instances are
narrated as well as no specific role is attributed against the
present Applicants. They are arraigned as an accused merely
because they are the nearest relatives of the husband. In view
of that, the FIR registered against them deserves to be
quashed. He also invited our attention towards the provision
under Section 498-A of the Indian Penal Code.
4. Learned APP strongly opposed the same and
submitted that considering the statement of the Informant
before the Investigating Agency, wherein she has narrated in
detail as to her ill-treatment, and therefore, prima facie case is
made out against the present Applicants. In view of that, the
Application deserves to be rejected.
5. Despite service of notice to the Non-applicant
No.2 none appears. Learned Appointed Counsel for the
Non-applicant No.2, is also absent.
6. On hearing both the sides and on perusal of the
investigation papers as far as the recitals of the FIR are
3 932.APL.672-2022.odt
concerned, which shows that the entire allegations are
levelled against the husband. As far as the present Applicants
are concerned, only allegation is that they have not supported
her though she has disclosed the incident of ill-treatment at
the hands of her husband. A careful scrutiny of FIR shows that
vague, general and omnibus allegations are levelled against
the present Applicants regarding ill-treatment for various
reasons.
7. At this stage, reference can be given to Section
498-A of IPC, which reads as under:
"498A. Husband or relative of husband of a woman
subjecting her to cruelty.--Whoever, being the
husband or the relative of the husband of a woman,
subjects such woman to cruelty shall be punished with
imprisonment for a term which may extend to three
years and shall also be liable to fine."
Explanation.--For the purpose of this Section,
"cruelty" means-
(a) any wilful conduct which is of such a nature as is
likely to drive the woman to commit suicide or to
cause grave injury or danger to life, limb or health
(whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment
is with a view to coercing her or any person related to
her to meet any unlawful demand for any property or
valuable security or is on account of failure by her or
any person related to her to meet such demand.
8. The Hon'ble Apex Court in the case of Kahkashan
Kausar Vs. State of Bihar, reported in (2022) 6 SCC 599 , by
considering the various decisions, rendered by the Hon'ble
Apex Court in the subject matter, observed in para.17 as
under:
4 932.APL.672-2022.odt
"The above-mentioned decisions clearly demonstrate
that this court has at numerous instances expressed
concern over the misuse of section 498A IPC and the
increased tendency of implicating relatives of the
husband in matrimonial disputes, without analysing
the long term ramifications of a trial on the
complainant as well as the accused. It is further
manifest from the said judgments that false
implication by way of general omnibus allegations
made in the course of matrimonial dispute, if left
unchecked would result in misuse of the process of
law. Therefore, this court by way of its judgments has
warned the courts from proceeding against the
relatives and in-laws of the husband when no prima
facie case is made out against them."
9. The tendency of implicating all the relatives is also
commented by the Hon'ble Apex Court in the case of Dara
Lakshmi Narayana & Ors. Vs. State of Telangana & Ors.,
MANU/SC/1309/2024, wherein it is held that family
members of the husband ought not to be unnecessarily roped
into criminal proceedings arising out of matrimonial discord.
The Court observed that it has become a recurring tendency
to implicate every member of the husband's family,
irrespective of their role or actual involvement, merely
because a dispute has arisen between the spouses.
10. In view of above observations if the facts of the
present case are taken into consideration, it reveals that the
present Applicants are implicated as an accused merely
because they are the relatives of the husband. As far as the
allegation is concerned, no specific instances or specific
allegation is levelled against them. The nature of the
allegation is general and omnibus in nature. In view of that,
the Applicants have made out the case for quashing of the
5 932.APL.672-2022.odt
FIR. Accordingly, we proceed to pass the following order.
ORDER
i. The Application is allowed.
ii. The First Information Report in connection with
Crime No. 44/2022 registered with Police Station,
Ramnagar District Chandrapur under Sections
498-A, 504 and 506 read with Section 34 of the
Indian Penal Code and consequent proceeding
arising out of the same bearing R.C.C.
No. 165/2022, are hereby quashed and set aside
to the extent of the present Applicants.
11. Pending application/s, if any, shall stand disposed
of accordingly.
(NANDESH S. DESHPANDE, J.) (URMILA JOSHI-PHALKE, J.)
SD. Bhimte
Signed by: Mr.S.D.Bhimte
Designation: PA To Honourable Judge
Date: 07/11/2025 16:34:30
