Pankaj S/O Prakash Bhalerao And 2 Ohters v. The State Of Maharashtra Pso, Ps, Saoner Nagpur Gramin, Dist. Nagpur And Another
2025:BHC-NAG:5069-DB 1 960apl1675.24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [APL] NO.1675 OF 2024 [Pankaj s/o Prakash Bhalerao and others .vs. 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. Radha M. Mishra, Advocate for Applicants. Ms. Shamsi Haider, APP for Non-Applicant No.1/State. Ms. Tanuja Mukta, Advocate for Non-Applicant No.2. ..................
CORAM : ANIL S. KILOR AND PRAVIN S. PATIL, JJ.
DATE : MAY 06, 2025 .
P.C.
1.
This is an application filed under Section 482 of the Code of Criminal Procedure for quashing of Chargesheet No.47/2024 dated 06.03.2024 in First Information Report No.31/2024 dated 15.01.2024 registered with Police Station, Saoner Nagpur Gramin, District-Nagpur for the offence punishable under Section 498-A r/w Section 34 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act, 1961. 2.
To examine the merit in the submission of the learned counsel for the applicants that the complaint is vexatious and made with an ulterior motive to pressurize and harass the applicants, who are the husband, mother-in-law and father-in-law of the non-applicant no.2 respectively, perused the chargesheet and the material collected during the investigation. 3.
It is evident from the allegations made in the FIR that the allegations are vague and generalise and there are no specific
2 960apl1675.24.odt details given about any of the instance or incidence as regards the ill-treatment or demand of dowry or any evidence in support of the same. Even after the investigation, nothing is there to prima facie show the involvement of the applicants in the alleged offence. Thus, it appears that the complaint came to be made against the applicants with an intention to pressurise them. Thus, we find substance in the submission of the learned counsel for the applicants that the complaint is vexatious.
4.
Learned APP strongly opposed the application and she submits that considering the allegations in the complaint, offence as alleged constitutes against the applicants. However, we cannot accept the said submission in view of the above referred observations made. Accordingly, we pass the following order :
O R D E R
(i) Criminal Application is allowed.
(ii) The Chargesheet No.47/2024 dated 06.03.2024 in First Information Report No.31/2024 dated 15.01.2024 registered with Police Station, Saoner Nagpur Gramin, DistrictNagpur for the offence punishable under Section 498-A r/w Section 34 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act, 1961, is hereby quashed and set aside. 5.
Criminal Application stands disposed of accordingly. (PRAVIN S. PATIL, J.) (ANIL S. KILOR, J.) Gulande