Ashay S/O Ashokrao Ambhore And ANR v. The Stat Of Maharashtra Thr Pso. Ps. Nandgaon Peth And ANR

2026:BHC-NAG:3199-DB 1 22-J-APL-207-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 207 OF 2025 APPLICANTS : 1.

Ashay S/o Ashokrao Ambhore, (Husband of N. A. No.2) Aged about 43 years, Occn. Private Service 2.

Anjali w/o Ashokrao Ambhore, (Mother in law of N. A. No.2) Aged about 68 years, Occ.

R/o Sanchitanand Colony Near Motinagar, Dist. Amravati.

Presently at Resort Park, Flat No.606 Opp.

HP petrol Pump, Gandala Road, Serilingampalli, Hydrabad, Telangana.

V E R S U S NON-APPLICANTS :

1. The State of Maharashtra Through its Police Station Officer, Police Station Nandgaon Peth, District Amravati.

2. Mrudula Ashay Ambhore Aged about 41 years, Occ R/o Anuradha Thorath, Sai Sagar Enclave 3, Plot No.3, Sarvagya Vihar Near Jawalkar Lawn, District Amravati.

------------------------------------------------------------------------------------------- Ms. K. M. Shekhar, Advocate h/f Shri R. S. Kurekar, Advocate for applicants.

Shri N. B. Jawade, Additional Public Prosecutor for non-applicant No.1. -------------------------------------------------------------------------------------------

CORAM:

URMILA JOSHI-PHALKE, J.

DATED : 20/02/2026.

ORAL JUDGMENT :

1.

Heard. Admit. Heard finally with the consent of learned counsel appearing for the parties.

2 22-J-APL-207-2025.doc 2.

Despite service of notice, none appears for nonapplicant No.2. 3.

The present applicants are the husband and mother-inlaw of the non-applicant No.2 approached this Court by invoking the jurisdiction under Section 528 of the BNSS, 2023 for quashing of the FIR in connection with Crime No.292/2024. 4.

A crime is registered on the basis of report lodged by the non-applicant No.2 on an allegation that her marriage was performed with applicant No.1 on 20/06/2009. After marriage, she resumed cohabitation at the house of present applicants. The present applicant No.1 was serving as a C.A. Technologist but he was addicted to bad vices and under the addiction of bad vices, he was physically and mentally harassing her. It is alleged that he was raising quarrel and abusing her. As far as non-applicant No.2 is concerned, it is alleged that she was instigating applicant No.1 and on the basis of the said instigation, the applicant No.1 is harassing her. She further alleged that she has also witnessed some obscene photographs in the mobile of present applicant No.1 and for all these above reasons, she constrained to leave matrimonial house.

3 22-J-APL-207-2025.doc 5.

Heard learned counsel for the applicants who submitted that considering the allegations levelled against the present applicants, it is apparent that they are vague and arrest with an ulterior motive. In view of that, application deserves to be allowed.

6.

Learned counsel for the applicants invited my attention towards the recitals of the FIR and submitted that on the basis of general, vague and omnibus allegations, the applicants are implicated.

7.

Learned APP strongly opposed the said contention and submitted that considering the nature of allegations against applicant No.1 which are grievous in nature, not only the unlawful demand but the physical as well as mental torture as the applicant No.1 was addicted to bad vices and having obscene photographs in his mobile phone which definitely attracts the mental torture to the present complainant. In view of that that, application deserves to be rejected.

8.

On hearing both the sides and on perusal of the entire investigation papers, as far as applicant No.1 is concerned,

4 22-J-APL-207-2025.doc admittedly, there is grievous allegation against him, not only of the unlawful demand and physical and mental torture but the allegation specifically shows that on 22/03/2023, the applicant No.1 who was addicted to the bad vices for having obscene photographs of the women in his mobile and was raising suspicion against the character of the non-applicant No.2. Admittedly, this aspect is sufficient to attract the mental cruelty at the hands of the applicant No.1. Therefore, application as far as applicant No.1 is concerned, deserves to be rejected. Admittedly, applicant No.2 is implicated in the alleged offence merely because, she is the mother of applicant No.1. No specific allegations are levelled against her. On the basis of general, omnibus and vague allegations, she is implicated in the alleged offence. In view of that, application deserves to be allowed partly. Accordingly, I proceed to pass following order :-

ORDER

i] The application is allowed partly.

ii] The FIR in connection with Crime No.292/2024 registered under Section 498-A r/w Section 34 of the IPC and the consequent proceeding arising out of the same bearing Charge Sheet No.23/2025 is quashed and set aside to the extent of Applicant No.2 - Anjali w/o Ashokrao Ambhore.

5 22-J-APL-207-2025.doc iii] The prayer of applicant No.1 for quashing of FIR is hereby rejected.

9.

The application is disposed of.

[JUDGE] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 24/02/2026 18:16:24