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Bombay High CourtAPL/1111/2021allowed

Prakash S/O Pandurang Pisey And Another v. Satte Of Mah. Thr. Ps Ajni Dist. Nagpur And Another

2025-04-01Hon'Ble Shri Justice Anil S. Kilor,Hon'Ble Shri Justice Pravin S. Patil2 pages

2025:BHC-NAG:3310-DB 1 25apl1111.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [APL] NO.1111 OF 2021 [Prakash s/o Pandurang Pisey and one .vs. The State of Maharashtra and one] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Vaishali Khandekar, Advocate a/w Adv. A.K. Gawande and Adv. P.B. Dethe for Applicants.

Ms. Shamsi Haider, APP for Non-Applicant No.1/State. ................

CORAM : ANIL S. KILOR AND PRAVIN S. PATIL, JJ.

DATE : APRIL 01, 2025 .

The applicant no.1 is the father-in-law and the applicant no.2 is the mother-in-law of the non-applicant no.2, who is the complainant and alleged that she was harassed and ill-treated by the accused including the applicants. 2.

However, having gone through the contents of the first information report, it is evident that the general and vague allegations are being made against the applicants. It is thus evident that out of matrimonial discord, the applicants have been unnecessarily roped in the present crime. In the circumstances, we are of the opinion that if the proceeding is permitted to continue against the applicants, it will be an abuse of process of law.

3.

In the circumstances, since no offence is made out even after taking the allegation made in the first information report on its face value, we are of the considered view that the present application needs to be allowed.

2 25apl1111.21.odt 4.

Accordingly, the application is allowed.

5.

First Information Report No.0635/2020 registered with Police Station, Ajni, Nagpur for the offences punishable under Sections 498-A, 323, 504, 506 (2) of the Indian Penal Code to the extent of present applicants is hereby quashed and set aside.

6.

Application stands disposed of accordingly.

(PRAVIN S. PATIL, J.) (ANIL S. KILOR, J.) Gulande