Bombay High Court
Satish S/O Kaliprasad Gupta And 6 Others vs State Of Mah. Thr. Pso Ps Bhiwapur Nagpur ... on 10 November, 2025
2025:BHC-NAG:11745-DB
1 25.APL.1439-2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO. 1439 OF 2022
( Satish S/o Kaliprasad Gupta & Ors.
Vs.
State of Maharashtra, Thr. Police Officer Police Station, Bhiwapur
Nagpur & Anr. )
Office Notes, Office Memoranda Court's or Judge's orders
of Coram, Appearances, Court's
orders or directions and
Registrar's orders
Mr. V.R. Mishra, Advocate for the Applicants.
Mr. N.H. Joshi, APP for the Non-applicant No.1/State.
Mr. S.S. Chopde, Advocate h/f Ms. J.D. Dharmadhikari, Advocate for the
Non-applicant No.2.
CORAM: URMILA JOSHI-PHALKE AND
NANDESH S. DESHPANDE, JJ.
DATED : 10th NOVEMBER, 2025
1. The present Application is preferred by the
Applicants for quashing of the FIR in connection with Crime
No. 239/2021 registered with Police Station, Bhiwapur,
District Nagpur under Sections 498-A, 323, 504, 506 read
with Section 34 of the Indian Penal Code.
2. The Applicant No.1 is the husband of
Non-applicant No.2/Informant, Applicant No.2 is the mother-
in-law who is reported to be dead during the pendency of this
Application, Applicant No.3 is the sister-in-law, Applicant
Nos. 4 and 5 are also sister-in-laws, Applicant No.6 is the
husband of the Applicant No.5 and Applicant No.7 is the
brother-in-law.
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3. The crime is registered on the basis of the report
lodged by the Non-applicant No.2 on an allegation that her
marriage was performed with the Applicant No.1 in the year
2019. After marriage she resumed the cohabitation at the
house of the present Applicants. She begotten one daughter
from the said wedlock. She specifically alleged that on
28.10.2020 she was assaulted by the present Applicants and
thereafter also she was assaulted on various occasions. She
has also narrated the incident of 25.01.2020 regarding the
assault at the hands of the present Applicants. On the basis of
the said report Police have registered the crime against the
present Applicants.
4. Heard learned Counsel for the Applicants, who
submitted that, as far as the allegations are concerned which
are baseless and omnibus against all the Applicants. He
submitted that, merely because the matrimonial dispute arose
between the husband and wife, this false report is lodged. He
has also invited our attention towards the initial complaint
made by the Non-applicant No.2 to the Police Station,
wherein no such allegations are levelled against the present
Applicants. Thus, there is an improvement as far as the FIR is
concerned. Thus, considering the omnibus and baseless
allegations levelled against the present Applicants, he prays
for quashing of the FIR against the present Applicants.
5. Learned APP and learned Counsel for the
Non-applicant No.2 strongly opposed the said Application.
Learned APP invited our attention towards the initial
complaint addressed to the Police Station Officer as well as
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the FIR and submitted that there is consistent allegation
levelled against the Applicant Nos. 1 to 3. He has also invited
our attention towards the medical certificate, which shows
that when the Informant was examined by the Medical Officer
on receipt of the complaint, the history narrated was that she
was assaulted by iron rod and injuries are found on her
person. Thus, he submitted that not only the oral evidence but
the medical evidence also substantiates the allegations
levelled by the Informant against the present Applicants. In
view of that, the Application deserves to be rejected.
6. On hearing both the sides and on perusal of the
investigation papers it reveals that, the FIR is lodged on the
basis of the report by the Informant/Shital Satish Gupta on an
allegation that after marriage when she resumed the
cohabitation, for one or the other reason she was assaulted by
the Applicant Nos. 1 to 3. Now the Applicant No.2 is reported
to be dead. She has specifically narrated the instances as far
as the Applicant Nos. 1 and 3 are concerned. Admittedly, in
initial complaint which was addressed to the Police Station
Officer, there was no allegation levelled against the Applicant
Nos. 4 to 7. First their names appeared in FIR, which was
registered on the basis of the complaint lodged by the
Informant. Moreover, a careful scrutiny of the FIR depicts
vague, general and omnibus allegations levelled against the
Applicant Nos. 4 to 7 are concerned. Moreover, the fact on
record further shows that the Applicant Nos. 4 to 7 are not
residing with the Applicant Nos. 1 and 3, they are residing
separately at Chattisgarh. Therefore, there is substance in the
contention of the Applicants that general and omnibus
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allegations are levelled against the Applicant Nos. 4 to 7 are
concerned.
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. All the statements i.e. the statements of the
relatives of the Informant are recorded during the
investigation, which also sufficiently shows that omnibus and
baseless allegations are levelled as far as the Applicant Nos. 4
to 7 are concerned.
9. At this stage, reference can be given to the
observations made by the Hon'ble Apex Court in the case of
Preeti Gupta and another Vs. State of Jharkhand, reported in
(2010) 7 SCC 667, wherein the Apex Court observed in para
Nos.30, 32 and 34 as under:
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"30. It is a matter of common knowledge that
unfortunately matrimonial litigation is rapidly
increasing in our country. All the courts in our country
including this Court are flooded with matrimonial
cases. This clearly demonstrates discontent and unrest
in the family life of a large number of people of the
society.
32. It is a matter of common experience that most of
these complaints under section 498-A IPC are filed in
the heat of the moment over trivial issues without
proper deliberations. We come across a large number
of such complaints which are not even bona fide and
are filed with oblique motive. At the same time, rapid
increase in the number of genuine cases of dowry
harassment is also a matter of serious concern.
34. Unfortunately, at the time of filing of the
complaint the implications and consequences are not
properly visualized by the complainant that such
complaint can lead to insurmountable harassment,
agony and pain to the complainant, accused and his
close relations."
10. 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:
"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
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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."
11. As far as the cruelty caused by the Applicant
Nos. 4 to 7 are concerned, there is no such allegation that
cruelty was of such a nature that it is inflicted with the
intention to cause grave injury or drive the Informant to
commit suicide or inflict grave injury to herself. Such
allegations are absent as far as the Applicant Nos. 4 to 7 are
concerned. Therefore, we do not find that any prima facie
case is made out against the Applicant Nos. 4 to 7.
12. This aspect is further considered by the Hon'ble
Apex Court in the case of Mange Ram Vs. State of Madhya
Pradesh & Ors., MANU/SC/1066/2025, wherein by referring
its earlier decision in the case of Dara Lakshmi Narayana 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.
13. In view of the observations of the Hon'ble Apex
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Court and in the light of that observations the allegations
against the Applicant Nos. 4 to 7 are considered, admittedly
which are baseless and omnibus allegations. Therefore, the
Application deserves to be allowed partly to the extent of
Applicant Nos. 4 to 7 are concerned. In view of that, we
proceed to pass the following order.
ORDER
i. The Application is partly allowed.
ii. The prayer of the Applicant Nos.1 & 3 for
quashing of the FIR, is hereby rejected.
iii. The Application is disposed of as far as the Applicant
No.2 is concerned, who is reported to be dead.
iv. The prayer of the Applicant No.4/Sharda Wd/o
Pradip Gupta, Applicant No.5/Saroj W/o
Rajkumar Gupta, Applicant No.6/Rajkumar S/o
Ramgopal Gupta and Applicant No.7/Sanjay S/o
Durgaprasad Gupta for quashing of the FIR in
connection with Crime No.239/2021 registered
with Police Station, Bhiwapur, District Nagpur
under Sections 498-A, 323, 504, 506 read with
Section 34 of the Indian Penal Code and
consequent proceeding arising out of the same i.e.
R.C.C. No.57/2021, are hereby quashed and set
aside.
14. 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: 11/11/2025 10:41:33
