Sagar Manikrao Hatkar v. The State Of Maharashtra Through Police Station Officer
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION APL NO.1944/2025
1. Sagar Manikrao Hatkar, aged 57 years, occupation: cultivator.
2. Smt.Gita Sagar Hatkar, aged 55 years, occupation: household.
1 & 2 are r/o ward No.1, Mahalgaon (Sukali), post Palasgaon, tahsil Sakoli, district Bhandara.
3. Rajesh Sagar Hatkar, aged 35 years, occupation: service, r/o Mhasala, tahsil and district Wardha.
4. Mina Harshal Jangle, aged 29 years, occupation: household, r/o plot No.4, Sai Jeevan Plaza, Shirpur-Kanhala Road, Bhusawal, Jalgaon. ..... Applicants. :: V E R S U S ::
1. State of Maharashtra, through Police Station Officer, Police Station, Karanja (Lad) City, tahsil Karanja, district Washim.
2. Sau.Surekha @ Laxmi Vicky Hatkar, aged 27 years, occupation: household, r/o c/o Vishnu Laxmanrao Gavhane Dadgaon, tahsil Karanja (Lad), district Washim. ..... Non-applicants. .....2/-
================================ Shri P.S.Kadam, Counsel for the Applicants.
Shri A.M.Kadukar, APP for NA No.1/State.
================================
CORAM
: URMILA JOSHI-PHALKE, J.
DATE : 23/02/2026 ORAL JUDGMENT 1.
Heard learned counsel for applicants and learned APP for non-applicant/State. Admit. Heard finally by consent. 2.
By this application, applicants are seeking quashing of FIR in connection with Crime No.654/2022 registered with the non-applicant No.1 police station for offences under Sections 323, 504, 506, and 498-A read with 34 of the IPC and consequent proceeding arising out of the same bearing chargesheet No.39/2023 and RCC No.135/2023 pending before learned JMFC, Karanja (Lad), district Washim. 3.
The applicants, who are in-laws of non-applicant No.2 (the complainant), are arrayed as accused on the basis of a report lodged by the complainant on allegations that her marriage was performed with Vicky on 29.6.2021. After the .....3/-
marriage, she resumed cohabitation, but all the applicants and co-accused started suspecting her character and on that basis, she was ill-treated by all applicants. It is further alleged that demand was also made from her and in-laws and sister-in-laws were abusing her.
On the basis of the said report, the police have registered the crime against the applicants.
4.
Learned counsel for the applicants submitted except general, omnibus, and vague allegations, no specific instances are narrated as far as abuses by applicants are concerned. There is no specific instances as to suspecting character of the complainant by applicants also. During investigation, statements of the complainant and her relatives, i.e. her parents, were also recorded which are also stereo-type like recital of the FIR. Whether really there was ill-treatment, no statements of neighbours are recorded by the investigating agency. Thus, considering the entire statements recorded during the investigation, it nowhere discloses any specific or any willful .....4/-
conduct on the part of applicants and, therefore, the offence under Section 498-A of the IPC is not made out. 5.
Learned APP for the State strongly opposed the said contentions and submitted that considering all the applicants were suspecting character of the complainant, a prima facie case is made out against all applicants and, therefore, the application deserves to be rejected.
6.
On hearing both sides and perusing the investigation papers, admittedly, the entire allegations levelled against applicants are vague and general in nature. No specific instances are narrated as far as abuses by applicants by demanding the amount and suspecting her character are concerned.
7.
It is apparent that as the dispute arose between the husband and wife, the FIR came to be lodged against all the applicants.
.....5/-
8.
Now, it is well settled that mere reference of names of relatives of husband is not sufficient to attract the offence under Section 498-A of the IPC.
9.
In view of that, the applicants have made out a case and, therefore, the application deserves to be allowed.
ORDER
(1) The criminal application is allowed.
(2)FIR in connection with Crime No.654/2022 registered with the non-applicant No.1 police station for offences under Sections 323, 504, 506, and 498-A read with 34 of the IPC and consequent proceeding arising out of the same bearing chargesheet No.39/2023 and RCC No.135/2023 pending before learned JMFC, Karanja (Lad), district Washim. Application stands disposed of.
(URMILA JOSHI-PHALKE, J.) !!
BrWankhede !!
Signed by: Mr. B. R. Wankhede Designation: PS To Honourable Judge Date: 04/03/2026 19:34:17 ...../-