Varsha W/O. Dinesh Doiphode v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

CRIMINAL WRIT PETITION NO. 1882 OF 2022 Pramila W/o. Balaji Dole.

... Petitioner

Versus

1.

The State of Maharashtra.

2.

Rohini W/o Sandip Murkute.

... Respondents ...

Mr. Kishor R. Doke & Mr. Satyavati S. Renge, Advocate for Petitioner Mr. N. T. Bhagat, A.P.P. for Respondent No.1 /State. Mr. Prabhakar Nathrao Nagargoje, Advocate for Respondent No.2. ...

AND CRIMINAL WRIT PETITION NO. 1566 OF 2022 Varsha W/o. Dinesh Doiphode.

... Petitioner

Versus

1.

The State of Maharashtra.

2.

Rohini W/o Sandip Murkute.

... Respondents ...

Mr. Kishor R. Doke & Mr. Satyavati S. Renge, Advocate for Petitioner Mr. N. T. Bhagat, A.P.P. for Respondent No.1 /State. Mr. Prabhakar Nathrao Nagargoje, Advocate for Respondent No.2. ...

CORAM :

R. G. AVACHAT and SANJAY A. DESHMUKH, JJ.

DATE :

31st July, 2023.

Per Court:

The office note is incorrect. The petitioners have supplied

two copies of the charge-sheet.

Heard.

Both these petitions are taken up together since the challenge therein, is to one and the same crime registered pursuant to FIR lodged by respondent No.2 and consequential charge-sheet in R.C.C. No.39 of 2023, for the offences punishable under Sections 498A, 323, 504 and 506 read with 34 of the Indian Penal Code. The learned counsel for respondent No.2 and the learned APP as well have strong objection to allow these petitions. We have perused the FIR and the related police papers. The petitioners herein are the married sisters-in-law of respondent No.2. One of them got married long before the marriage of respondent No.2. One petitioner is residing at Aurangabad while other petitioner's matrimonial home is about 20 kilometers away from respondent No.2's matrimonial home.

Close reading of the FIR indicates that no specific incident of ill-treatment by the present petitioners has been highlighted. As such, it is a case of general, vague and omnibus allegations against the petitioners herein. Directing them to stand trial based on such

material would be an abuse of process of Court. Hence, following order is passed:

O R D E R

I.

Criminal Writ Petition No.1882 of 2022 is allowed in terms of prayer clause (A) and amended prayer clause (A). II.

Criminal Writ Petition No.1566 of 2022 is allowed in terms of prayer clause (A) and (A-1).

[ SANJAY A. DESHMUKH, J. ] [ R. G. AVACHAT, J. ] nga