Sonali Avinash Nemade v. The State Of Maharashtra Thr Pso Ps Ural Tq Balapur Dist Akola

2026:BHC-NAG:2951-DB 1 48-J-APL-1339-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 1339 OF 2025 APPLICANTS : 1.

Sonali Avinash Nemade, (Accused No.4 to 6) Aged about : 39 years, Occupation : Service, R/o Shrikrupa Residency, Shegaon, Tq. Shegaon, District Buldhana.

2.

Madhuri W/o Atish More, Aged about 36 years, Occupation - Household work, R/o Lahane Layout, Sant Gajanan Maharaj Parisar, Buldhana.

3.

Priyanka W/o Sachin Malge, Aged about - 34 years, Occupation - Household work, R/o Maroti Nagar, Balapur Naka, Old City Akola.

(Sister-in-law) V E R S U S NON-APPLICANTS :

1. The State of Maharashtra Through Police Station Officer, P. S. Ural, Tq. Balapur, District Akola.

(Complainant)

2. Sau. Sharda W/o Dipak Mahatre, Aged about 30 years, Occupation - Household, R/o C/o Bhanudas Waghmare, Dongargaon, Tq. Balapur, District - Akola.

------------------------------------------------------------------------------------------- Shri A. B. Mirza, Advocate for applicants.

Ms. M. A. Barabde, Additional Public Prosecutor for non-applicant No.1. Shri Digambar D. Chourgade, Advocate for non-applicant No.2. -------------------------------------------------------------------------------------------

CORAM:

URMILA JOSHI-PHALKE, J.

DATED : 17/02/2026.

2 48-J-APL-1339-2025.doc ORAL JUDGMENT :

1.

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

2.

The present applicants who are the sisters-in-law of the non-applicant No.2 approached this Court for quashing of the FIR, as crime is registered on the basis of report lodged by the nonapplicant No.2 on an allegation that her marriage with the brother of the present applicants was performed on 11/07/2016. After marriage, she resumed cohabitation but she was not treated well as she was unable to conceive. It is further alleged that the present applicants who are the sisters of her husband used to visit her house and is instigating her husband. Her husband was physically and mentally harassing her. On the basis of the said report, police have registered a crime against the present applicants. 3.

Heard learned counsel for the applicants who submitted that except the general, omnibus and vague allegations, no specific instances are narrated as far as ill-treatment at the hands of the present applicants are concerned. He submitted that only allegation is that they were instigating her husband but what type of instigation was there. The entire FIR is silent about the

3 48-J-APL-1339-2025.doc same. Thus, considering the nature of allegations, no prima facie case is made out and hence, application deserves to be allowed. 4.

Per contra, learned APP and learned counsel for the complainant strongly opposed for the same and submitted that there are specific allegations that present applicants were instigating and on their instigation, her husband was demanding the amount from her is sufficient to attract the offence punishable under Section 489-A of the Indian Penal Code. 5.

On hearing both the sides and on perusal of the entire investigation papers, it reveals that only allegations against the present applicants is that being they are the sisters of the husband, they used to visit her matrimonial house and was instigating her husband and on their instigation, her husband was ill-treating her. Admittedly, no specific instances are narrated as far as the visit of the present applicants to her matrimonial house is concerned. No specific instances are narrated as to the instigation by them to the husband of the non-applicant No.2. It is now settled that mere reference of the name without specifying any specific instances is not sufficient to attract the offence against present applicants. In view of that, application deserves to be allowed. Accordingly, I proceed to pass following order :-

4 48-J-APL-1339-2025.doc

ORDER

i] The application is allowed.

ii] The FIR in connection with Crime No.0251/2025 registered under Sections 85 and 3(5) of the BNSS, 2023 is hereby quashed and set aside to the extent of present applicants.

6.

The application is disposed of.

[JUDGE] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 20/02/2026 18:57:05