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Bombay High CourtAPL/1843/2025allowed

Kalpana Dilip Randive v. The State Of Maharashtra Thr Pso Ps Umred Nagpur Rural Dist Nagpur

2026-02-13Hon'Ble Justice Urmila Joshi Phalke4 pages

2026:BHC-NAG:2791-DB 1 45-J-APL-1843-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 1843 OF 2025 APPLICANTS : 1.

Kalpana Dilip Randive, Aged about : 46 years, Occ : Housewife, R/o Shri Ram Ward, Ballarpur, Tehsil - Ballarpur and District Chandrapur.

2.

Pooja Ajinkya Harde, Aged about : 28 years, Occ : Housewife, R/o Indra Nagar, New Narsala Road, Behind Laghve Pan Shop, Nagpur 440034.

3.

Ajinkya Baba Harde, Aged about 34 years, Occ : Service, R/o Indra Nagar, New Narsala Road, Behind Laghve Pan Shop, Nagpur 440034.

V E R S U S NON-APPLICANTS :

1. State of Maharashtra Through Police Station Officer, Police Station Umred, Nagpur Rural, District - Nagpur.

2. Roshni w/o Ashish Randive, Age - 34 years, occ. Housewife, R/o Behind Pankaj Kirana Store, Itwaripeth, Umred, Dist. Nagpur.

------------------------------------------------------------------------------------------- Shri Uday M. Changle, Advocate for applicants. Shri Nikhil Joshi, Additional Public Prosecutor for non-applicant No.1. Shri C. S. Bute, Advocate for non-applicant No.2. -------------------------------------------------------------------------------------------

CORAM:

URMILA JOSHI-PHALKE, J.

DATED : 13/02/2026.

2 45-J-APL-1843-2025.doc ORAL JUDGMENT :

1.

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

2.

By this application, the applicants are seeking quashing of the FIR in connection with Crime No.572/2023 and the consequent proceeding arising out of the same bearing RCC No.26/2024 pending before the Judicial Magistrate, First Class, Umred.

3.

The present applicants are arrayed as accused on the basis of report lodged by non-applicant No.2 on an allegation that her marriage was solemnized on 01/06/2022 as per the rites and customs with Ashish Dilip Randive, a Resident of Ballarshah, Dist. Chandrapur. There was matrimonial dispute between her and her in-laws. Therefore, she was residing at her parents house. On 26/07/2023, she appeared before the Counselling Center, Panchayat Samiti, Umred. The Counsellor has sent her husband to bring stamp paper, as he did not come, therefore, she went to see him, at that time, the co-accused Akash abused her in filthy language and the present applicants also manhandled and abused her. On the basis of the said report, police have registered a crime against the present applicants.

3 45-J-APL-1843-2025.doc 4.

After registration of the crime, during investigation, the Investigating Officer has recorded the statements of the relevant witnesses and after completion of investigation, submitted charge sheet against the present applicants.

5.

Heard learned counsel for the applicants who invited my attention towards the recitals of the FIR and submitted that only in one stray line, the allegations are levelled against the present applicants that they have abused her and manhandled her. No specific role is attributed to them merely because they are the relatives of the husband, they are implicated in the alleged offence. The similar stereotype statements were recorded as far as other witnesses are concerned, thus, prima facie case is made out against the present applicants. In view of that, application deserves to be allowed.

6.

Per contra, learned APP strongly opposed for the same and submitted that in furtherance of the common intention, all the applicants have harassed her, abused her in a filthy language and therefore, application deserves to be rejected. Learned appointed counsel also endorsed the same.

7.

On hearing both the sides and on perusal of the entire investigation papers, except the allegation that the present

4 45-J-APL-1843-2025.doc applicants abused her and manhandled her and i.e. also a stray sentence without assigning the specific role, they are implicated in the alleged offence. Thus, it appears that on the basis of general, omnibus and vague allegations, they are implicated in the alleged offence without assigning any specific role. Therefore, no prima facie case is made out as far as present applicants are concerned. In view of that, application deserves to be allowed. Accordingly, I proceed to pass following order :-

ORDER

i] The application is allowed.

ii] The FIR in connection with Crime No.572/2023 and the consequent proceedings arising out of the same bearing RCC No.26/2024 is hereby quashed and set aside to the extent of present applicants.

8.

Application is disposed of.

[JUDGE] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 18/02/2026 10:20:38