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Bombay High CourtAPL/1273/2025allowed

Sunilsingh Raghurajsingh Tahkur v. The State Of Maharashtra Thr Pso Ps Wathoda Dist Nagpur

2026-02-11Hon'Ble Justice Urmila Joshi Phalke5 pages

2026:BHC-NAG:2589-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 1273 OF 2025 1.

Sunilsingh Raghurajsingh Thakur Aged about 66 years, Occupation :Retired, APPLICANTS 2.

Jyoti Sunilsingh Thakur Aged about 55 years, Occ.

Homemaker, R/o Near Adv. Swami, Vinoba Nagar, Tah. Tumsar, Dist. Bhandara 3.

Kuldipsingh Sunilsingh Thakur, Aged 34 years, Occ.:- Private, R/o Plot No.81, Vidya Nagar, Koradi Road, Nagpur-441111 4.

Priya Piyush Bais, Aged 29 years, Occ.:- Household R/o C/o Piyush Bais, Ward No.2 at post Akoli, Tah. Kuhi District Nagpur // V E R S U S // 1.

The State of Maharashtra, Through Police Station Officer, Police Station Wathoda, Dist. Nagpur NON-APPLICANTS 2.

Sau. Parul Niteshsingh Thakur Aged about 24 years, Occ. Household, R/o C/o Chandreshsingh Thakur, Plot No.6, Jijamata Nagar, Umred Road, Dighori, Dist. Nagpur ------------------------------------------------------------------------------------------- Mr. M.R. Pande, Advocate for the applicants. Mr. A.M.Joshi, APP for non-applicant No.1 /State. Mr. A.S. Joshi, Advocate for non-applicant No.2. -----------------------------------------------------------------------------------------

CORAM : URMILA JOSHI PHALKE, J.

DATED : 11 .02.2026 O R A L J U D G M E N T :

1.

Heard.

2.

ADMIT. Taken up for final disposal with the consent of learned counsel for the parties.

3.

The present application is preferred by the relatives of husband of non-applicant No.2 for quashing of the First Information Report in connection with crime No.407/2024 registered at Police Station Wathoda District Nagpur City for the offences punishable under Sections 498-A read with 34 of the Indian Penal Code (for short, 'I.P.C.') and consequent proceeding arising out of the same bearing RCC No.1588/2025. 4.

The applicants are arrayed as an accused on the basis of the report lodged by non-applicant No.2 on an allegation that her marriage was performed with Niteshsingh Thakur on 03.12.2019. After marriage she resided separately and thereafter she started residing along with the present applicants. It is alleged

by her that after marriage she was ill treated by her husband by demanding amount of Rs.2 Lakhs. As far as present applicants are concerned, it is alleged that they used to raise quarrel with her and instigating her husband and on their instigation her husband was physically and mentally ill treating her. On the basis of the said report police have registered crime against the present applicants.

5.

Heard learned counsel for the applicants who submitted that the entire FIR depicts that general omnibus, and sweeping allegations are levelled against the present applicants without specifying any instance. He invited my attention towards recitals of the FIR and submitted that except reference of name and general allegations that they used to raise a quarrel there is no specific instances narrated by the non-applicant No.2 to show the involvement of the present applicants. Merely because they are the relatives of the husband of non-applicant No.2, they are falsely implicated in the alleged offence. Therefore, continuation of the proceedings against the applicants would be an abuse of process of law.

6.

Per contra, learned APP and learned counsel for the complainant strongly opposed the said contention and submitted that the recitals of the FIR shows that there was unlawful demand and for fulfilment of the said unlawful demand she was harassed by all the family members. In view of that application deserves to be rejected.

7.

After considering the rival submissions of both the parties and on perusal of the investigation papers and various statements of the witnesses admittedly the present applicants against whom the allegations are of general, vague and sweeping in nature no specific instances are narrated by the non-applicant No.2 depicting the ill treatment at their hands. It is now well settled that mere reference of the names of the relatives of the husband without assigning any specific role are to be nipped into the bud. Considering the nature of the allegations which is general, omnibus and vague, no prima-facie case is made out. In view of that, the application deserve to be allowed. 8.

Hence, I proceed to pass the following order:-

ORDER

(i) The Criminal Application is allowed.

(ii) The First Information Report in connection with crime No.407/2024 registered at Police Station Wathoda District Nagpur City for the offences punishable under Sections 498-A read with 34 of the Indian Penal Code (for short, 'I.P.C.') and consequent proceeding arising out of the same bearing RCC No.1588/2025 is quashed and set aside to the extent of applicant Nos.1 to 4 namely Sunilsingh Raghurajsingh Thakur, Jyoti Sunilsingh Thakur, Kuldipsingh Sunilsingh Thakur and Priya Piyush Bais.

10.

The criminal application stands disposed of in the above said terms.

Pending applications, if any, also stand disposed of. (URMILA JOSHI PHALKE, J.) manisha Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 16/02/2026 10:53:10