Bombay High Court
Rama W/O. Gautam Gaikwad And Others vs State Of Mah. Thr. Pso, Ps, Buldana ... on 22 September, 2025
2025:BHC-NAG:9575-DB
J-apl761.23.odt 1/5
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) No.761 OF 2023
1. Sau. Rama w/o. Gautam Gaikwad,
Age 35 years, Occupation : Housewife,
R/o. Tembhurni, Tq. and Distt. Buldana.
2. Sau. Deepali w/o. Pratim Nikam,
Age 32 years, Occupation : Household,
R/o. Chilgaon, Tq. Pachora, Distt. Jalgaon (Khandesh)
3. Sau. Monika w/o.Ravindra More,
Age 30 years, Occupation : Household,
R/o. Tar Kalani, Tq. and Distt. Buldana.
4. Vaishali Ravindra More,
Age 25 years, Occupation : Household,
R/o. Tar Kalani, Sundarkhed,
Tq. and Distt. Buldana.
5. Hausabai Bhikaji Bhise,
Age 32 years, Occupation : Household,
R/o. Masla, Tq. Masla, District Buldana.
6. Shrawan s/o.Rama Nikam,
Age 47 years, Occupation : Labour,
R/o. Chilgaon, Tq. and Distt. Buldana.
7. Latabai Shahaji More,
Age 45 years, Occupation : Household work,
R/o. Mhasla, Tq. Mhasla, Dist. Buldana.
8. Nilesh Shahaji More,
Age 32 years, Occupation : Labour,
R/o. Mhasla, Tq. Mhasla, Dist. Buldana.
9. Amol Shahaji More,
Age 25 years, Occupation : Labour,
R/o. Mhasla, Tq. Mhasla, Distt. Buldana.
J-apl761.23.odt 2/5
10. Sakhubai w/o. Rajesh Sarode,
Age 32 years, Occupation : Household,
R/o. Jamthi, Tq. and Dist. Buldana. : APPLICANTS
...VERSUS...
1. State of Maharashtra,
P.S.O. Police Station, Buldana (City),
Tq. & Dist. Buldana.
2. Sneha w/o.Siddhartha More,
Age 28 years,
Occupation : Household,
R/o. Ward No.2, Bhimnagar,
Buldana, Tq. and Dist. Buldana. : NON-APPLICANTS
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Mr. A.J. Thakkar, Advocate for Applicants.
Mr. N.B. Jawade, Addl.Public Prosecutor for Non-applicant No.1.
Ms. Kirti Deshpande h/f. Mr. Tejas Deshpande, Advocate for Non-
applicant No.2.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
CORAM : URMILA JOSHI-PHALKE AND
NANDESH S. DESHPANDE, JJ.
DATE : 22nd SEPTEMBER, 2025.
ORAL JUDGMENT : (Per : Urmila Joshi-Phalke)
1. Heard. Admit. Heard finally by consent of learned
counsel appearing for the parties.
2. The present application is preferred by the applicants for
quashing of F.I.R. In connection with Crime No.263/2023,
registered with Police Station Buldhana, District Buldhana, for the
offences punishable under Sections 498-A, 323 read with Section
34 of the Indian Penal Code and consequent proceeding arising out
of them bearing Charge-sheet No.9/2023 and Criminal Case
No.155/2023. The applicant Nos.1 to 7 and 10 are sisters-in-law
and applicant Nos.8 and 9 are brothers-in-law of the informant. As
per the allegations levelled by the informant non-applicant No.2 is
that her marriage was performed with one Siddharth Ravindra
More. After marriage she resumed the cohabitation at the house of
her husband wherein he was residing along with his parents and
she was ill-treated for the domestic reasons as well as while
demanding the amount. On the basis of said report Police have
registered the crime against the present applicants.
3. Heard learned counsel for the applicants, who submitted
that the applicants never resided along with the informant and her
husband, only because they are relatives of her husband they are
implicated as an accused. Recitals of the F.I.R. nowhere shows any
specific instances and omnibus and general allegations are levelled
against them. Therefore, no prima facie case is made out against
them.
4. Learned A.P.P. for the non-applicant No.1 strongly
opposed for the same and submitted that considering the
allegations against the present applicants the prima facie case is
made out being sisters-in-law and they have ill-treated the
informant. Learned counsel for the complainant also endorsed the
same contentions and submitted that as far as the applicant No.1 is
concerned there is specific allegations against her and, therefore the
application deserves to be rejected.
5. Having heard learned counsel for the applicants and
after perusal of the investigation papers as well as recitals of the
F.I.R. admittedly general and omnibus allegations are levelled
against the present applicants, who never resided along with the
informant and her husband. They are residing at different places at
their matrimonial house. As far as Section 498-A of the Indian
Penal Code is concerned which prescribed punishment, whoever is
subjected to cruelty by her husband or his relatives. The offence is
punishable with imprisonment for a term which may extend to
three years and also provides for fine. It is apparent that they are
made as an accused only because they are relatives of the husband.
This aspect is also now considered by the Hon'ble Apex Court in the
case of Dara Laxmi Narayana Vs. State of Telangana,
MANU/SC./1309/2024, it is held that now it become a tendency of
roping all the family members in the crimes registered under
Sections 498-A of the Indian Penal Code. It is observed that the
family members of the husband ought not to be unnecessarily roped
into criminal proceeding arising out of matrimonial dispute. It is
further held that where the allegation are bereft of specific
particulars and particularly where the relatives sought to be
prosecuted are residing separately or have had no connection with
the matrimonial home, allowing the prosecution to proceed would
amount to an abuse of the process of law.
6. In view of the observations of the Hon'ble Apex Court
here in the present case also admittedly general and omnibus
allegations are levelled against the present applicants and therefore,
the application deserves to be allowed. Accordingly, we proceed to
pass following order :
ORDER
(i) The application is allowed.
(ii) The F.I.R. in connection with Crime
No.263/2023 and consequent proceeding arising out it i.e. Charge-
sheet No.9/2023 and Criminal Case No.155/2023 registered under
Sections 498-A, 323 read with Section 34 of the Indian Penal Code
is hereby quashed.
(iii) The application is disposed of in the
abovesaid terms.
(Nandesh S. Deshpande, J.) (Urmila Joshi-Phalke, J.)
wadode
Signed by: Mr. Devendra Wadode
Designation: PS To Honourable Judge
Date: 23/09/2025 10:53:05
