Kishor Harakchand Bhandari And Others v. Payal W/O Ankit Bhandari And Another

968-APPLN-720-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 720 OF 2022 Kishor Harakchand Bhandari and Others ..APPLICANTS

VERSUS

Payal Ankit Bhandari and Another ..RESPONDENTS ....

Mr. M.L. Deoda, Advocate for applicant Mr. M.M. Neralikar, A.P.P. for respondent no.1 - State Mr. S.S. Bora, Advocate for respondent no.2 ....

CORAM : R.G. AVACHAT AND SANJAY A. DESHMUKH, JJ DATE : 23rd JUNE, 2023 PER COURT :

1.

Heard.

2.

This application has been filed for quashment of First Information Report ('F.I.R.'), being Crime No. 346 of 2021 registered with Sadar Bazar Police Station, Dist. Jalna for the offences punishable under Sections 323, 498-A, 504 and 506 read with Section 34 of the Indian Penal Code and consequential charge-sheet filed in R.C.C. No. 972 of 2021 pending on the file of Judicial Magistrate First Class, Jalna.

3.

Applicant Nos. 1 and 2 have already withdrawn their application. Applicant No.3, who is before this Court, is sister-in-law of Respondent No.1 1 / 2

968-APPLN-720-22.odt - informant. She was married before the informant got married. Her matrimonial home is at Mumbai. The averments in the F.I.R. lack details to state as to when she had been to the matrimonial home of the informant and ill-treated her. As such, it is a case of vague and general allegations. In our view allowing the prosecution to proceed against her would be an abuse of process of the Court. Interest of justice also demands grant of relief to Applicant No.3.

4.

In view of above, application is allowed in terms of prayer clauses (b) and (c) for Applicant No.3 only.

( SANJAY A. DESHMUKH, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2