Sagar Subhash Chavan v. The State Of Maharashtra And Another

2026:BHC-AUG:16144 920-APPLN-1315-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1315 OF 2026 Sagar Subhash Chavan

VERSUS

The State Of Maharashtra And Another ...

Mr. B. N. Palwe, Advocate for Applicant Mr. S. N. Kendre, APP for Respondent No.1/State *** CORAM : S. G. CHAPALGAONKAR, J DATE : APRIL 16, 2026 PC :

1.

The present Applicant seeks quashment of FIR No. 381/2025 dated 18.04.2025 registered with Shrigonda Police Station, Dist. Ahilyanagar for offences punishable under Sections 119(1), 137(2), 351(2) & 352 of Bharatiya Nyaya Sanhita, 2023.

2.

The investigation was set in motion on basis of information given by Respondent No. 2. It is contended that he married in year 2021, however, there are disputes between him and his wife. She has already lodged complaint against him at Shrigonda Police Station. On 17.04.2025, while he was watching cricket match on his mobile instrument, his brother-in-law (Applicant) came to village along with three unknown persons and all of them assaulted him by fist and kick blows. Thereafter, they took him in a white colour car to Shrigonda and during journey towards Shrigonda, they assaulted him and threatened to kill him. Thereafter, they dropped him in front of Shrigonda Police Station and left place. In last paragraph, it

920-APPLN-1315-2026.odt is stated that accused persons forcefully took away his mobile instrument. The aforesaid information culminated into registration of above offence. 3.

Mr.. Palve, learned Advocate appearing for Applicant, submits that there is matrimonial dispute between Applicant's sister and Informant. The sister of Applicant has already lodged a complaint against Informant and investigation is going on. At this stage, by way of counterblast, present FIR has been filed. The allegations in FIR are absolutely false.

4.

Having considered submissions advanced and on perusal of contents of FIR, it is apparent that allegations against Applicant are regarding assault and giving threats kill Informant. Apart from this, there is allegation that accused persons snatched mobile instrument of Informant. It is trite that the falsity of contents of FIR cannot be considered in application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023. It would be a matter of trial whether allegations are true and correct.

5.

In that view of matter, in extraordinary jurisdiction of this Court, no case is made out to interfere or grant relief as prayed. In result, Criminal Application stands rejected.

(S. G. CHAPALGAONKAR, J.) Umesh