Bombay High Court
Kiran S/O Dilip Bansod And Anr. vs State Of Maharashtra, Thr. Pso, ... on 11 November, 2025
2025:BHC-NAG:11841-DB
1 953.APL.751-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO. 751 OF 2025
( Kiran S/o Dilip Bansod & Anr.
Vs.
State of Maharashtra, Thr. P.S.O. Anjangaon Surji, Dist. Amravati &
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.S. Giramkar, Advocate for the Applicants.
Mr. Neeraj Jawade, APP for the Non-applicant No.1/State.
CORAM: URMILA JOSHI-PHALKE AND
NANDESH S. DESHPANDE, JJ.
DATED : 11th NOVEMBER, 2025
1. The present Application is preferred by the
Applicants for quashing of the FIR in connection with Crime
No.54/2024 registered with Police Station, Anjangaon Surji,
District Amravati under Sections 498-A, 323, 504, 506 of the
Indian Penal Code.
2. The Applicant No.1 is the brother-in-law and the
Applicant No.2 is the sister-in-law of the Informant.
3. The crime is registered on the basis of the report
lodged by the Non-applicant No.2/Informant on an allegation
that her marriage was performed with the co-accused on
22.05.2017. After marriage she resumed the cohabitation at
the house of the in-laws but she was not treated well and she
was subjected for physical as well as mental cruelty, and
therefore, she was constrained to leave the matrimonial
2 953.APL.751-2025.odt
house. 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 present Applicants are concerned
who are residing abroad i.e. at Sharjah they are not at all
concerned with the ill-treatment, and therefore, it is clear that
merely because they are the brother and sister of the
co-accused they are implicated in the alleged offence.
Moreover, the allegations levelled against them are general
and omnibus in nature. In view of that, the FIR and the
consequent proceeding arising out of the same bearing R.C.C.
No.64/2025 be quashed and set aside.
5. Learned APP strongly opposed the said
Application on the ground that considering the allegations
levelled against the present Applicants prima facie case is
made out, and therefore, deserves to be rejected.
6. On hearing both the sides and on perusal of the
investigation papers, there is no dispute that the Applicants
are residing at Sharjah, U.A.E. The recitals of the FIR also
nowhere shows that at any point of time the Informant stayed
alongwith them in the matrimonial house. The allegations
levelled against them appears to be general and omnibus in
nature. The FIR on record nowhere depicts that any specific
instances are narrated by the Informant as far as the
ill-treatment at the hands of the present Applicants are
concerned.
7. At this stage, reference can be given to the
3 953.APL.751-2025.odt
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:
"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."
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:
4 953.APL.751-2025.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 another observation of the Hon'ble Apex
Court in the case of Kahkashan Kausar alias Sonam and
others Vs. State of Bihar and others, reported in (2022) 6 SCC
599, wherein it is held that it must be borne in mind that
although the two F.I.Rs. may constitute two independent
instances, the present complaint fails to establish specific
allegations against the in-laws. Allowing prosecution in the
absence of clear allegations against the appellant's in-laws
would simply result in an abuse of the process of law.
10. In view of the observation of the Hon'ble Apex
Court in the case of Dara Lakshmi Narayana Vs. State of
Telangana, (2025) 3 SCC 735, 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.
5 953.APL.751-2025.odt
11. In the light of the above observations of the
Hon'ble Apex Court it is apparent that the present Applicants
are implicated merely because they are the brother and sister
of the husband of the Informant on the basis of the general
and omnibus allegations. Considering no prima facie case is
made out and forcing them to face the trial would be the
abuse of process of law. In view of that, the Application
deserves to be allowed. Accordingly, we proceed to pass the
following order.
ORDER
i. The Application is allowed.
ii. The First Information Report in connection with
Crime No. 54/2024 registered with Police Station,
Anjangaon Surji, District Amravati under Sections
498-A, 323, 504, 506 of the Indian Penal Code
and consequent proceeding arising out of the same
bearing R.C.C. No.64/2025, are hereby quashed
and set aside to the extent of present Applicants.
12. 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: 12/11/2025 15:23:17
