IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 34 CRIMINAL APPLICATION NO.1708 OF 2024 1 Piplabai w/o Shankarrao Pawar, Age 56 yrs., Occ. Household, R/o Jairam Tanda, Tq. Kandhar, Dist. Nanded. 2 Shankarrao Dhauji Pawar, Age 67 yrs., Occ. Agri., R/o Jairam Tanda, Tq. Kandhar, Dist. Nanded. 3 Prabhakar Shankarrao Pawar, Age 38 yrs., Occ. Service, R/o Gargoti, Tq. Bhudhargad, Dist. Kolhapur. 4 Vijay Shankar Pawar, Age 41 yrs., Occ. Service, R/o Ahmedpur, Tq. Ahmedpur, Dist. Latur. 5 Indutai w/o Vijay Pawar, Age 38 yrs., Occ. Household, R/o Ahmedpur, Tq. Ahmedpur, Dist. Latur. 6 Shobha w/o Sunil Rathod, Age 41 yrs., Occ. Household, R/o Shrinagar Colony, Ahmedpur, Tq. Ahmedpur, Dist. Latur. 7 Sunil Dhansing Rathod, Age 45 yrs., Occ. Agri., R/o Shrinagar Colony, Ahmedpur, Tq. Ahmedpur, Dist. Latur. 8 Yash Sunil Rathod, 2025:BHC-AUG:23040-DB 2 34_Cri.Appln_1708_2024 Age 20 yrs., Occ. Education, R/o Govt. Polytechnic College Hostel, Chhatrapati Sambhajinagar, Tq. & Dist. Chhatrapati Sambhajinagar. 9 Sanyog @ Suyog Sunil Rathod, Age 18 yrs., Occ. Education, R/o Shrinagar Colony, Ahmedpur, Tq. Ahmedpur, Dist. Latur. … Applicants … Versus … 1 The State of Maharashtra Through Police Station Officer, Rural Police Station, Nanded, Tq. & Dist. Nanded. 2 Aasha w/o Prabhakar Pawar, Age 33 yrs., Occ. Service, R/o N.D. 42 J1 19/5, HUDCO, Nanded, Tq. & Dist. Nanded. … Respondents ... Mr. Vinayak Khiste, Advocate h/f Mr. V.B. Dhage, Advocate for applicants Mr. P.S. Patil, APP for respondent No.1 Mr. N.Y. Chavan, Advocate for respondent No.2 ... CORAM : SMT. VIBHA KANKANWADI & SUSHIL M. GHODESWAR, JJ. DATE : 20th AUGUST, 2025 3 34_Cri.Appln_1708_2024 ORDER : ( PER : SMT. VIBHA KANKANWADI, J. ) 1 Present application has been filed under Section 482 of the Code of Criminal Proceudre, 1973 initially for quashment of First Information Report vide Crime No.199/2024 dated 17.03.2024 registered with Rural Police Station, Nanded for the offence punishable under Section 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860 and later on by way of amendment for quashing the proceedings in Regular Criminal Case No.616/2014 pending before learned Judicial Magistrate First Class, Nanded. 2 Heard learned Advocate Mr. Vinayak Khiste holding for learned Advocate Mr. V.B. Dhage for applicants, learned APP Mr. P.S. Patil for respondent No.1 and learned Advocate Mr. N.Y. Chavan for respondent No.2. In order to cut short, it can be said that they have aruged in support of their respective contentions. 3 It will not be out of place to mention here that by order dated 24.04.2024 when this Court expressed disinclination to grant any relief to applicant No.3 - husband of respondent No.2, learned Advocate for applicants had sought leave to withdraw the application to the extent of applicant No.3 and then accordingly Criminal Application stood disposed of as withdrawn as agaisnt him. 4 34_Cri.Appln_1708_2024 4 The fact which is not in dispute is that respondent No.2 and original applicant No.3 got married on 12.05.2015. Respondent No.2 was serving as Peon in Zilla Parishad School at Purna and original applicant No.3 was serving as Arogya Sevak at Gargoti, Dist. Kolhapur in Primary Health Centre. Applicant No.1 is mother-in-law, applicant No.2 is father-in-law, applicant Nos.4 and 7 are brothers-in-law, applicant Nos.5 and 6 are sisters- in-law and applicant Nos.8 and 9 are nephews of respondent No.2. 5 The informant in her First Informtion Report had stated that since she was serving as well as the husband was serving at far place, he had taken a room near the house of her parents and husband used to come to meet her once in two months. Then informant states that whenever husband used to come, they used to go to matrimonial home at Jairam Tanda. She gives the age of children as 08 years and 18 months and says that they used to take children along with them whenever they used to go to the matrimonial home. Then she states that from 12.03.2017 whenever she used to go to the matrimonial home then all the accused persons used to curse her on the count of her lookings. Husband used to raise suspicion with her character and used to say that since the mother and brother-in-law were saying that they would look a better girl for him for his second marriage, he used to abuse her. She states that mother-in-law used to tell her husband 5 34_Cri.Appln_1708_2024 that she should take the ornaments which were given to informant at the time of marriage. Then she makes allegations against husband, as he was not visiting them even after six months. Thus, it can be seen from the contents of First Information Report, which have been then echoed by other witnesses i.e. father, uncle, brother, distant relative, mother of informant would show that they were vague and omnibus as against present applicants. In fact, sister-in-law and others i.e. applicant Nos.6 to 9 were not even resident of Jairam Tanda, Tq. Kandhar, Dist. Nanded. No specific role has been attributed to all these applicants. Under such circumstance, it would be unjust to ask applicants to face the trial. Hence, following order. ORDER i) Criminal Application stands allowed. ii) The proceedings in Regular Criminal Case No.616/2014 pending before learned Judicial Magistrate First Class, Nanded arising out of First Information Report vide Crime No.199/2024 dated 17.03.2024 registered with Rural Police Station, Nanded, for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860, stands quashed and set aside as against applicant Nos.1) Piplabai w/o Shankarrao Pawar, 2) Shankarrao Dhauji Pawar, 3) Prabhakar Shankarrao 6 34_Cri.Appln_1708_2024 Pawar, 4) Vijay Shankar Pawar, 5) Indutai w/o Vijay Pawar, 6) Shobha w/o Sunil Rathod, 7) Sunil Dhansing Rathod, 8) Yash Sunil Rathod and 9) Sanyog @ Suyog Sunil Rathod. ( SUSHIL M. GHODESWAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd