Bombay High Court
Namdev S/O. Nivrutti Kohad And Others vs State Of Mah. Thr. P.S.O., Midc, Nagpur ... on 24 September, 2025
(1) 3 apl 235-2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO.235 OF 2023
Namdev S/o Nivrutti Kohad and others
Vs.
The State of Maharashtra through P.S.O., P.S. MIDC, Nagpur and another
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Shri M.V. Rai, Advocate for applicants
Shri N.H. Joshi, APP for non-applicant/State
CORAM : URMILA JOSHI-PHALKE AND
NANDESH S. DESHPANDE, JJ.
DATED : 24.09.2025
The application is filed by the applicants for
quashing and setting aside the for quashing of the First
Information Report in connection with Crime No.
0985/2020, registered with M.I.D.C. Police Station, District
Nagpur, under Section 498-A, 504, 506, 323, read with
Section 34 of the Indian Penal Code, as also the consequent
charge-sheet bearing No.150/2021, registered as Regular
Criminal Case No.267/2021, pending before the learned
Judicial Magistrate First Class, Hingna, District Nagpur.
2. The applicant No.1 is husband, the applicant
Nos. 2 and 3 are in-laws of the non applicant No.2 and the
applicant No.4 is the married sister of the applicant No.1.
They are arraigned as accused in connection with the crime
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registered on the basis of the report lodged by the non-
applicant No.2, who is the wife of applicant No.1, alleging
that her marriage was performed with the applicant No.1 on
02.01.2019. After marriage, she resumed the cohabitation.
Initially for two months she was treated well, and
subsequently the applicant No.1 started ill treating her by
demanding the amount for pursuing the further education
and for purchasing the car. As she could not fulfill his
demand, she was ill treated by the present applicant No.1
and the in-laws. Therefore, she constrained to leave the
matrimonial house. On the basis of the said report, police
have registered the crime against the present applicants.
3. Heard learned Counsel for the applicants, who
submitted that on general and omnibus allegations the First
Information Report is lodged. As far as the charges levelled
against the present applicants are concerned, which are not
substantiated by any material evidence, and therefore, it
would be futile exercise if the applicants are forced to face
the trial. In view of that he invited our attention towards the
recitals of the First Information Report, as well as various
statement of witnesses, and submitted that as prima facie
case is not made out, the First Information Report and
consequent proceedings deserves to be quashed.
4. Learned Additional Public Prosecutor strongly
opposed the said application and submitted that as far as far
as husband is concerned, there is specific allegations that
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after marriage he has demanded the amount from the
informant and also ill treated her. Thus, the aspect of
unlawful demand is apparent from the statement of the
informant as well as the other prosecution witnesses. In
view of that prima case is made out, and hence, the
application deserves to be rejected.
5. On hearing both the sides and on perusal of the
entire investigation papers, as far as applicant No.1 is
concerned, who is the husband, there is specific allegation
levelled by the informant that after marriage within two
months she was ill treated by demanding the amount for
pursuing his education, as well as for purchasing the car. As
far as the applicant Nos. 2 to 4 are concerned, general and
omnibus allegations are levelled against them. The applicant
No.4 is married long back but staying at her maternal house.
It is apparent that on the basis of the omnibus and general
allegations, the applicant Nos. 2 to 4 are arraigned as an
accused. This aspect is considered by the Hon'ble Apex
Court in various decisions. In the case of Preeti Gupta Vs.
State of Jharkhand, (2010) 7 SCC 667, wherein, the
Hon'ble Apex Court observed in paragraph Nos. 30, 32, 34
as under :
"30. It is a matter of common knowledge that
unfortunately matrimonial litigation is repeatedly
increasing in our country. All the Courts in our
country including this Court are flooded with the
matrimonial cases. This really demonstrates
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discontent and unrest in the family life of a large
number of people in the society.
31............
32. It is the 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 came
across a large number of such complaints which
are not even bona fide and as filed with oblique
motive. At the same time rapid increase in the
number of genuine cases of dowry harassment are
also a matter of serious concern.
33...............
34. Unfortunately, at the time of filing of
complaint the implications and consequences are
not properly visualized by the complainant that
such complaint can lead to unsurmountable,
harassment, agony and pain to the complainant,
accused and his close relations."
6. In the case of Kahkashan Kausar Vs. State of
Birhar, (2022) 6 SCC 599, the Supreme Court after taking
stock of various decisions, rendered by the supreme Court in
the subject matter, observed in paragraph No. 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 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
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in-laws of the husband when no prima facie case is
made out against them."
7. Now it became a recurring tendency to implicate
all the family members in such type of the crime, and in
view of that the applicant Nos. 2 to 4 appears to be
arraigned as accused. This aspect is also now well settled
and it is observed in the catena of decisions that the family
members of the husband ought not to be unnecessarily
roped into criminal proceedings arising out of matrimonial
discord. The Hon'ble Apex Court has observed that it has
become a recurring tendency to implicate every member of
the husband's family, irrespective of their role or actual
involvement.
8. In view of the above circumstances, the
application deserves to be partly allowed. Hence, we
proceed to pass the following order:
ORDER
i) The application is partly allowed.
ii) The prayer of the applicant No.1 for quashing of
the First Information Report, is hereby rejected.
iii) The First Information Report in connection with
Crime No. 0985/2020, registered with M.I.D.C., Police
Station, District Nagpur, under Section 498-A, 504, 506,
323, read with Section 34 of of the Indian Penal Code, as
also the consequent charge-sheet bearing No.150/2021,
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registered as Regular Criminal Case No.267/2021, pending
before the learned Judicial Magistrate First Class, Hingna,
District Nagpur, to the extent of applicant No.2 - Nivrutti
Vitthalrao Kohad, applicant No.3 - Rajani W/o Nivrutti
Kohad and applicant No.4 - Minakshi W/o Ankush
Ambatpure, is hereby quashed and set aside.
9. The application is disposed of in the above terms.
(NANDESH S. DESHPANDE, J.) (URMILA JOSHI-PHALKE, J.)
Jayashree..
