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2023 DAILYLAW 2678 (BOM)

RAMESH HIRALAL AGARWAL AND OTHERS v. STATE OF MAH. THR. PSO, PS BHIWAPUR (NAGPUR RURAL) DIST. NAGPUR AND ANOTHER

APL/790/2023 · 2026-01-23

Urmila Joshi Phalke

body2023

Judgment text

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112.apl790.2023jud.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO. 790 OF 2023 1. Ramesh Hiralal Agarwal, Age :- 72 Years, Occupation:- Private 2. Sau. Sharda Ramesh Agarwal, Age :- 65 Years, Occupation:- Household, Both the Applicants R/o Near P.A. Rice Mill, Gondia- Dist. Gondia Rural. 3. Mrs. Meena Raju Agarwal, Age: 38 Years, Occupation:- Household, R/o. 2nd Floor Badera Niwas, Bhagra Nagar Colony, Murli Nagar Nagar, Puranapul, Hyderabad- 500064 4. Sau. Pinky Sunil Agarwal, Age :- 43 Years, Occupation:- Household, Plot No. 212, Savitri Vihar, Somalwada, Nagpur 5. Mrs. Pooja Manish Agarwal, Age: 36 Years, Occupation:- Household, R/o. Kanchan Vihar Colony, Karanja (Lad), Tah. Washim, Dist. Washim (Rural). ... Applicants Versus 1. State of Maharashtra, Through Police Station Officer Police Station Bhiwapur (Nagpur Rural) District: Nagpur. 2. Rashmi Lalit Agarwal, Age:- 40 Years, Occupation: Private, R/o Bhima Devi Road, Bhiwapur. Alternate Addresses:- R/o C/o Shailesh Nagpure Near Durga Mandir, Village – Saundad, Tal. Sadakarjuni, Dist. Gondia. ... Non-applicants PAGE 1 OF 5 2026:BHC-NAG:1217-DB 112.apl790.2023jud.odt Mr. Rajas P. Durge, Advocate for applicant. Mrs. M.A. Barabde, APP for non-applicant/State. Mr. S.S. Chopde, Advocate for non-applicant No.2. CORAM : URMILA JOSHI-PHALKE, JJ. DATE : 23.01.2026 ORAL JUDGMENT: Heard. (2) Admit. (3) Heard finally with the consent of the learned counsel for the respective parties. (4) The present application is preferred by the in-laws for quashing of the FIR in connection with Crime No.23/2023 registered with Police Station, Bhiwapur, Nagpur (Rural), for the offence punishable under Section 498-A, 504, 506, 323 read with section 34 of the Indian Penal Code. (5) The crime is registered on the basis of a report lodged by non-applicant No.2 on an allegation that her marriage with one Lalit Ramesh Agrawal was performed and after marriage, she resumed co-habitation but the applicant Nos.1 and 2 and her husband ill-treated her by demanding the amount of Rs.10 Lakhs and for that PAGE 2 OF 5 112.apl790.2023jud.odt demand, she was physically assaulted as well as abused and insulted and humiliated. When she was pregnant, at that time also, she was physically and mentally ill-treated by the present applicants and therefore, she was constrained to leave the matrimonial house, she stayed along with her parents for one year. After one year again, she resumed the co-habitation but there was no change in the behaviour of the present applicants and therefore, she constrained to approach to the police station and lodged a report. (6) During submissions, learned counsel for the applicants submitted that he will not pressed the application for applicant Nos.1 and 2. As far as the applicant Nos.3 to 5 are concerned, he submitted that they are the sister-in-law and got married long back prior to the marriage of non-applicant No.2 with her husband. He further invited my attention towards the recitals of the FIR and submitted that general allegations are levelled against them on the basis of the fact that they are the sister-in-laws. Thus, they are implicated merely because they are the relatives of the husband of the non-applicant No.2. (7) Per contra, learned APP and learned counsel for the PAGE 3 OF 5 112.apl790.2023jud.odt complainant strongly opposed for the said and submitted that considering the allegations that she was physically and mentally subjected for the cruelty by all the applicants, the application deserves to be rejected. (8) On perusal of the recitals of the FIR and the various statement of the witnesses as far as the applicant Nos.3 to 5 are concerned, admittedly, there is omnibus, vague and general allegations levelled against them. Mere reference is not sufficient to attract the offence against them. Moreover, they got married and residing at various places like Hyderabad, Nagpur and Washim. No single incident is narrated by the non-applicant No.2 that any point of time they have visited the house and subjected her for ill-treatment by instigating her husband. In view of that, considering the nature of the allegations levelled against them and considering the fact that they are implicated, merely because, they are the relatives of the husband of the non-applicant No.2, the application deserves to be allowed. Accordingly, I proceed to pass the following order : O R D E R (i) Criminal Application (APL) No.790/2023 is allowed. (ii) The FIR in connection with Crime No.23/2023 registered PAGE 4 OF 5 112.apl790.2023jud.odt with Police Station Bhiwapur, Nagpur (Rural), for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code and consequent proceeding arising out the same bearing RCC No.505/2025 is hereby quashed and set aside to the extent of applicant Nos.3 to 5 namely Sau. Meena Raju Agarwal, Sau. Pinky Sunil Agarwal and Sau. Pooja Manish Agarwal. (9) The application for applicant Nos.1 and 2 is disposed of as not pressed. (10) The criminal application is disposed of. [URMILA JOSHI-PHALKE, J.] Prity PAGE 5 OF 5