Prashant S/O Mohan Nimje And 2 Others v. The State Of Maharashtra, Thr. Pso, Kalamna Police Station, Nagpur And Another

2023:BHC-NAG:12369-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO.

OF 2022

1. Prashant s/o Mohan Nimje Aged 31 years, Occ.: Nil,

2. Shri Mohan s/o Upasrao Nimje Aged 62 years, Occ.- Retired

3. Sau. Yashoda w/o Mohan Nimje Aged 58 years, Occ.: Service ... Applicants All are R/o. Plot No.27, Manohar Vihar Colony, Hajari Pahad, Nagpur - 440007

Versus

1. State of Maharashtra, Through PSO Kalamna Police Station, Nagpur.

2. Shivani w/o Prashant Nimje Aged 23 years, Occ. Nil, R/o. C/o. Shri Ramesh Hedaoo, Plot No.28/A, Gangabag Durga Chowk, Pardi, Nagpur ... Non-applicants Mrs. Smita Taksande, Advocate for applicants. Mr. S.S. Doifode, APP for non-applicant No.1. Mr. A.K. Madne, Advocate for non-applicant No.2. CORAM :

VINAY JOSHI, AND VALMIKI SA MENEZES, JJ.

DATE :

17.08.2023.

ORAL JUDGMENT: (PER: Vinay Joshi, J) Heard. Admit. Heard finally by consent of both the learned counsel for the parties.

(2) This is an application seeking to quash FIR as well as charge-sheet relating to Crime No.853/2018 registered with Police Station Kalamna, Nagpur, for the offence punishable under Section 498-A, 377 of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act, 1961, and related Regular Criminal Case No.1932/2019 pending on the file of 15th Joint Civil Judge and Judicial Magistrate First Class, Court (Special Court for Women) Nagpur.

(3) Applicant No.1 is husband whilst applicant Nos.2 & 3 are father-in-law and mother-in-law of informant lady. It is their contention that the allegations made in the FIR as well as police papers does not make out a prima facie case to put them on trial. According to applicants, the allegations are vague as well as they did not find place in prior proceedings between the parties. (4) With the assistance of both sides, we have examined FIR as well as related case papers. The couple got married on 11.11.2017. Mr. Madne, learned counsel for non-applicant No.2, on the other hand, seriously contested this application, as regards to the applicant No.1-husband. He would submit that there was continuous

monetary demand as well as the informant lady was mentally and physically harassed.

(5) At the time of hearing, we have expressed our noninclination to consider the prayer as regards to the applicant No.1husband. At this stage, the applicants' learned counsel seeks for withdrawal of this application to the extent of husband only. In view of said submission, we have not considered the case of applicant No.1husband since, his application stands withdrawn. (6) As regards to rest of the applicants are concerned on careful examination, besides a general statement against mother-inlaw there is nothing to specify her act. There are no material allegations against her which can be treated as matrimonial harassment. Besides that there is an omnibus allegation that motherin-law as well as sister-in-law have abused her and raised monetary demand.

On the same set of facts, already trial Court has discharged the sister-in-law, which is informed by the applicants' learned counsel. Thus, besides general allegations there is nothing against the motherin-law. As regards to applicant No.

house. Therefore, the prosecution to the extent of parents-in-law is untenable for want of prima facie case. In view of that, we are inclined to exercise our inherent powers to the extent of parents-in-law only. Hence, the following order:

O R D E R

(i) Application is allowed.

(ii) Application as regards to applicant No.1-husband namely Prashant s/o Mohan Nimje, stands disposed since withdrawn.

(iii) We hereby quashed and set aside the FIR as well as charge-sheet relates to applicant No.2-Mohan s/o Upasrao Nimje and applicant No.3-Yashoda w/o Mohan Nimje, relating to Crime No.853/2018 registered with Police Station Kalamna, Nagpur, for the offence punishable under Section 498-A, 377 of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act, 1961, and related Regular Criminal Case No.1932/2019 pending on the file of 15th Joint Civil Judge and Judicial Magistrate First Class, Court (Special Court for Women) Nagpur.

[VALMIKI SA MENEZES, J.] [VINAY JOSHI, J.] Prity