Cri. Appln. 514/2023 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 22 CRIMINAL APPLICATION NO. 514 OF 2023 WASIM BASHIR PATHAN AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ... Advocate for Applicants : Mr. Shaikh Kayyum Najir APP for Respondent/State : Mr. N.D. Raje Advocate for Respondent 2 : Mr. A.S. Usmanpurkar (Through Legal Aid) ... CORAM : NEERAJ P. DHOTE, J. Dated : June 22, 2026 PER COURT :- 1. This is an application under section 482 of Criminal Procedure Code 1973 for quashing F.I.R. No. 0306/2022 registered with Gangapur Police Station for the offence punishable under sections 498-A, 494, 323, 504, 506 r/w. 34 of Indian Penal Code 1860 and consequential chargehseet bearing R.C.C. No. 362/2023 pending before the Judicial Magistrate, First Class, Gangapur. 2. The aforesaid crime is registered on the report lodged by respondent No. 2 who is the wife of applicant No. 1, daughter-in-law of applicant Nos. 2 and 3. Applicant No. 5 is the sister-in-law and applicant No. 4 is the son of the elder sister-in-law of the informant. 3. According to the prosecution, the informant married to applicant No. 1, husband on 9.9.1918. For a period of one year she was treated properly. Thereafter she was harassed by the applicants by saying that she was not knowing the household work and her father gave only Rs. 1,50,000/- as a dowry and remaining Rs.50,000/- were not paid. The informant’s father financially helped the husband to open the spare part shop. The shop could 2026:BHC-AUG:24515-DB Cri. Appln. 514/2023 2 not function profitably and was closed down. Thereafter the mother-in-law, sister-in-law were asking the informant to bring Rs.3,00,000/- from her parents to construct the house. The husband contracted second marriage on 25th August 2021. The informant was driven out of the house. 4. Heard the learned advocate for the applicants, the learned APP for the State and the learned advocate for respondent No. 2. With their assistance perused the papers on record. 5. The learned advocate for the applicants, on instruction, seeks leave to withdraw the application to the extent of applicant Nos. 1 to 3 i.e. husband, father-in-law and mother-in-law. He submits that applicant Nos. 4 and 5 were residing separately and vague and general allegations are made against them. He submits that asking the applicant Nos. 4 and 5 to face the trial would amount to abuse of process of law and therefore, the application be allowed to their extent. 6. The learned advocate for respondent No. 2 submits that, allegations are made against all the applicants in the F.I.R. He fairly submits that applicant Nos. 4 and 5 are residing separately. 7. The learned APP submits that appropriate orders be passed. 8. There is no dispute that applicant Nos. 4 and 5 are residing separately. Applicant No. 5 is the married sister-in-law and applicant No. 4 is the son of elder sister-in-law of the informant. Allegations against applicant Nos. 4 and 5 are general and omnibus in nature. There are no specific allegation against applicant Nos. 4 and 5. Needless to state that in the catena of decisions, the constitutional courts have observed that tendency to rope-in all the relatives of the husband in matrimonial disputes is increasing. Considering the omnibus, general and vague allegations Cri. Appln. 514/2023 3 against applicant Nos. 4 and 5, in my considered view, making them to face the trial would amount to abuse of process of law. Hence, the following order. O R D E R (1) The application to the extent of applicant No. 1 – Wasim Bashir Pathan, husband, applicant No. 2 – Abedabi Bashir Pathan, mother in law and applicant No. 3 – Bashir Ismail Pathan, father-in-law is disposed of as withdrawn. (2) The application is allowed in terms of prayer clause B to the extent of applicant No. 4 – Sahil Salim Pathan, son of elder sister-in-law and applicant No. 5 – Taslim Juned Sayyed, sister-in-law. (3) Fees of the advocate for respondent No. 2 is quantified as Rs.15,000/- to be paid by the High Court Legal Services Sub-Committee, Aurangabad. (4) The application is disposed of. ( NEERAJ P. DHOTE, J. ) ssc/