Shri Kishor S/O Ramdas Meshram And 3 Others v. The State Of Maharashtra Thr. Pso, Ps, Frejpura, Amravati(City), Tah. And Dist. Amravati And Anothe
2025:BHC-NAG:2333-DB
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.795 OF 2024 1.
Shri Kishor s/o Ramdas Meshram, aged abt. 47 yrs, Occup - Govt. Employee, R/o Post Bori (Khurd), Ta. Darwha, Dist.
Yavatmal.
2.
Ku. Archana d/o Ramdas Meshram, Aged abt. 51 yrs, Occup. Service, 3.
Smt. Lilabai w/o Ramdas Meshram, aged abt. 73 yrs, Occup - Nil, 4.
Shri Ramdas s/o Baliram Meshram, aged abt. 81 yrs, Occup. Retired teacher.
All R-2 to 4 - R/o J.N. Park Society, Behind Maruti Car showroom, Lohara (Nagar), Yavatmal, Tq. & Dist. Yavatmal.
... APPLICANTS
VERSUS
1.
State of Maharashtra, through Police Station Officer, Police Station Frejpura, Amravati (City), Tq.& Dist.
Amravati.
2.
Smt. Madhuri w/o Kishore Meshram, aged about 44 years, Occ.
Household, R/o C/o Mirabai Chandrakant Vaidya, Archana Traders Lane, Yashoda Nagar No.1, Amravati. Tq. & Dit. Amravati.
... NON-APPLICANTS.
_____________________________________________________________ Shri N. Chawhan, Advocate for applicants.
Mrs. Haider, Additional Public Prosecutor for the State. Shri Vijay Harman, Advocate h/f Shri M.M. Khan, Advocate for non-applicant no.2.
______________________________________________________________ CORAM : NITIN B. SURYAWANSHI AND PRAVIN S. PATIL, JJ.
DATE : 12.02.2025.
ORAL JUDGMENT : (Per : Nitin B. Suryawanshi, J.) RULE. Rule made returnable forthwith.
2.
Heard with the consent of the parties.
3.
At the outset learned Counsel for applicants, on instructions from the client, seeks permission to withdraw application of applicant no.1.
4.
Permission is granted. Application of applicant no.1/husband is disposed of as withdrawn.
5.
This application is filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the First Information Report ('FIR') No.0713 of 2023 registered with the Frezarpura Police Station, Amravati City for the offences punishable under Sections 498A, 506 read with Section 34 of the Indian Penal Code, registered at the instance of non-applicant no.2.
6.
Applicants are sister-in-law, mother-in-law and father-in-
law of non-applicant no.2. The FIR was lodged by non-applicant no.2 alleging ill-treatment at the hands of husband and present applicants. 7.
Heard learned Counsel for applicants, learned Additional Public Prosecutor for the State and learned Counsel for non-applicant no.2. Perused the documents filed on record.
8.
Marriage of applicant no.1 Kishor Ramdas Meshram was solemnized with non-applicant no.2 on 09.12.2008. After the marriage, non-applicant no.2/wife was residing with applicant no.1/husband, at the place where he was serving as Assistant Agricultural Officer. Admittedly, applicant no.2/sister-in-law, applicant no.3/mother-in-law and applicant no.4/father-in-law were not residing along with applicant no.1 and non-applicant no.2. It appears from the record that earlier also there were matrimonial dispute between applicant no.1 and nonapplicant no.2. However those settled and applicant no.1 and nonapplicant no.2 started residing together. However, again the disputes started.
9.
Present appears to be a case of over implication, vague and general allegations are levelled against applicant nos.2 to 4, without giving any specific instances and dates. Applicants' case is covered by the decision of the Hon'ble Supreme Court in the cases of Preeti Gupta
v. State of Jharkhand 2010 Criminal Law Journal 4303(1), Geeta Mehrotra & anr. vs. State of U.P. (2012) 10 SCC 741 and Neelu Chopra & anr. vs.Bharti 2009 (10) SCC 184.
10.
For the aforesaid reasons stated, the criminal application is allowed.
11.
First Information Report ('FIR') No.0713 of 2023 registered with the Frezarpura Police Station, Amravati City for the offences punishable under Sections 498A, 506 read with Section 34 of the Indian Penal Code, is quashed and set aside to the extent of applicant nos. 2, 3 and 4.
(PRAVIN S. PATIL , J.
) (NITIN B. SURYAWANSHI , J.
) Trupti