Vilas Ganpatrao Mali And ANR v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.495 OF 2025 Vilas Ganpatrao Mali & Anr.

.... Applicants versus The State of Maharashtra & Anr.

.... Respondents .......

• Ms. Mohini Rehpade a/w Digvijay S. Kachare i/b. Daksha Punghera, Advocate for Applicants.

• Mr. S. R. Agarkar, APP a/w Mr. Shahaji Shinde 'B' Panel Counsel, for the State/Respondent.

• Mr. Atharva R. B., Advocate for Respondent No.2.

CORAM

: SARANG V. KOTWAL & S. M. MODAK, JJ.

DATE : 05th MAY, 2025 P.C. :

1.

This is an application for quashing of the proceedings arising out of C.R. No.78/2025 registered with Kavathe Mahankal Police Station, Sangli, dated 04/03/2025 for the offence punishable u/s 498-A, 506, 504 r/w 34 of the Indian Penal Code.

Digitally signed by MANUSHREE NESARIKAR Date:

2025.05.07 14:49:29 +0530 MANUSHREE NESARIKAR 2.

Heard learned counsel for the Applicants.

Nesarikar

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The FIR is lodged by the Respondent No.2, who is the daughter-in-law of the Applicants. Learned counsel for the Applicants submitted that in the entire FIR, the allegations are directed towards the husband and not towards the present Applicants. They are roped in only to harass the entire family. 4.

In the background of these submissions, we have perused the FIR. It is mentioned that the informant got married with the Applicants' son on 28/06/2023 and it was registered in the sub-Registrar's office on 13/07/2023. It is mentioned in the FIR that at the time of marriage, the parents of the informant had given 7 Tolas of Gold and Rs.1 lakh in cash. After the marriage she started residing in her matrimonial house. She was treated properly for about 15 days. There are general allegations that both the Applicants started ill-treating her on different reasons by saying that she did not do proper work, she could not cook properly and her father did not spend sufficiently at the time of wedding. When she informed about this to her husband, he ignored her grievance. In August 2023, the informant and the

3 / 4 Applicants' son shifted to Pune. From that point onwards all the allegations are directed against the informant's husband. Therefore, we find force in the submissions of the learned counsel for the Applicants that the informant and the Applicants' son were residing at a different place in a different city. The Applicants are roped in to harass the entire family. Therefore, we are inclined to grant ad-interim relief.

5.

Hence, the following order :

O R D E R

(i) Leave to amend is granted to correct the cause title to show the correct address of the Applicants. Amendment be carried out forthwith. (ii) Issue notice to the Respondent No.2.

(iii) Learned counsel Mr. Atharva R. B, is present in the Court and waives notice on her behalf. He shall file his Vakilpatra within a period of four weeks from today.

(iv) Notice is made returnable on 18/07/2025.

4 / 4 (v) In the meantime, if the charge-sheet is filed, the trial court shall not proceed against the present Applicants.

(vi) Stand over to 18/07/2025.

(S. M. MODAK, J.) (SARANG V. KOTWAL, J.)