-1- appln-3104-2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3104 OF 2025 1. Ekbal Abdul Latif Kabir Age: 64 years, Occu.: Nil, R/o. Mili Colony, Dharashiv, Tq. And Dist. Dharashiv (Osmanabad) 2. Faraha Begum Ekbal Kabir Age: 51 years, Occu.: Housewife, R/o. Mili Colony, Dharashiv, Tq. And Dist. Dharashiv (Osmanabad) 3. Mohsin Ekbal Kabir Age: 23 years, Occu.: Education, R/o. Mili Colony, Dharashiv, Tq. And Dist. Dharashiv (Osmanabad) 4. Ayesha Ekbal Kabir Age: 26 years, Occu.: Service, R/o. Mili Colony, Dharashiv, Tq. And Dist. Dharashiv (Osmanabad) 5. Najama Mustafa Shaikh Age: 53 years, Occu.: Housewife, R/o. Mili Colony, Dharashiv, Tq. And Dist. Dharashiv (Osmanabad) .. Applicants Versus 1. The State of Maharashtra Through Officer In Charge, Police Station Kallam, Tq. Kallam, Dist. Dharashiv. 2. Sana Mujjamil Kabir Age: 25 years, Occu.: Service, R/o. Islampura Diksal, Tq. Kallam, Dist. Dharashiv, .. Respondents [1] 2026:BHC-AUG:30990-DB -2- appln-3104-2025 ... Ms. Renuka S. Karande Advocate h/f Ms. Ashwini Lomte, Advocate for applicants. Mr. S. D. Ghayal, APP for respondent No.1/State. Ms. M. V. Narwade, Advocate for respondent No.2 (Appointed). ... CORAM : ABHAY S. WAGHWASE, J. Reserved on : 24.07.2026 Pronounced on : 27.07.2026 ORDER :- . Instant application is for quashment of FIR No. 022/2025 dated 19.01.2025 registered at Kallam Police Station, District Dharashiv for offences punishable under Sections 85, 86, 115(2), 352, 3(5) of Bharatiya Nyaya Sanhita, 2023 (BNS) along with consequential chargesheet as well as Regular Criminal Case No.102 of 2025 on the file of learned Judicial Magistrate First Class, Kallam, District Dharashiv. 2. Learned Counsel for the applicants pointed out that the applicants, who are the husband and in-laws of the informant, have been falsely implicated. That, the alleged marriage took place on 04.07.2024. Learned Counsel pointed out that the informant barely stayed for 40-45 days after the marriage and repeatedly left the matrimonial house to stay at her parents' place. Due to marital [2] -3- appln-3104-2025 discord, the FIR has been lodged by levelling false allegations of demand. That, all the allegations are omnibus and general in nature. There are mere allegations of taunting, insult, and abuse, but it is not clarified as to who indulged in the same. Therefore, it is an abuse of process of law and for above reasons, relief of quashing crime/chargesheet and R.C.C. No.102 of 2025 is urged for. 3. Learned Counsel for respondent No.2 original informant would oppose the application on the ground that there are specific allegations against husband and two brother-in-laws. They have indulged in beating for non compliance of demand of money. However, she fairly submitted that she has no objection for granting relief in favour of father-in-law and mother-in-law. 4. Learned APP opposed the application on the ground that there are allegations of demand of money followed by allegation of inflicting cruelty, both physical and mental and that there is sufficient material on said point. 5. Heard. Perused the FIR dated 19.09.2025 at the instance of respondent No.2 Sana Mujjamil Kabir, who reported police on 19.01.2025 that she was married with applicant No.1 on 04.07.2024 as per Muslim rituals. According to her, she was treated properly for [3] -4- appln-3104-2025 2 to 3 weeks. She reported that thereafter on 25.07.2024, her father- in-law said that he is heavily indebted due to the marriage expenses and also they need to purchase house and for that, she should bring Rs.5,00,000/- from her brother to repay the loan and purchase the house. According to her, when she refused, her mother-in-law, brother-in-law and sister-in-law started taunting her on minor counts and insulted her and thereby inflicted mental cruelty. According to her, mother-in-law suggested her to work in the field on Saturday and Sunday and also questioned her for back answering. That time, she alleges that her sister-in-law was also present there and she also joined mother-in-law in scolding her and when she reported it to husband, he turned the deaf ears and rather blamed her. Further, according to her, in presence of her husband, brother-in-law also taunted and hurled abuses. Then, she alleged slapping by husband and further, demand by one Baya Aapa and she duly informed the same to her brother on phone and her brother managed to raise Rs.2,00,000/-, but her husband and in-laws questioned, her when remaining amount of Rs.3,00,000/- would be paid. Finally, on 30.09.2024, she was beaten by her husband and driven out of the house and in spite of her repeated calls, her husband did not respond. Consequently, she lodged report against her husband and in-laws. [4] -5- appln-3104-2025 6. On close scrutiny of FIR, it is seen that allegations of demand of Rs.5,00,000/- are attributed to the father-in-law, but there is no allegation that he indulged in cruelty to meet such demand. Even allegations against mother-in-law, brother-in-law and sister-in-law are for taunting and insulting and apparently, such allegations are non specific and general in nature. It is not reported that there was continuous cruelty in the backdrop of above demand by in-laws, who are the only applicants. Apparently, accused husband is not before the Court seeking relief. 7. In the light of there being general and omnibus allegations against the present applicants, with such quality of material, initiation of proceedings against them would amount to sheer abuse of process of law. Hence, I proceed to pass following order :- ORDER I. The application is allowed. II. The FIR bearing Crime No.022 of 2025 dated 19.01.2025 registered at Kallam Police Station, District Dharashiv for offences punishable under Sections 85, 86, 115(2), 352, 3(5) of Bharatiya Nyaya Sanhita, 2023 (BNS) along with consequential [5] -6- appln-3104-2025 proceedings i.e. chargesheet as well as Regular Criminal Case No.102 of 2025 pending on the file of learned Judicial Magistrate First Class, Kallam, District Dharashiv are hereby quashed and set aside, as against present applicants. III. Fees of learned counsel appointed to represent respondent No.2 is to be paid by the High Court Legal Services Sub-Committee, Aurangabad, as per Rules. III. The application is accordingly disposed off. [ABHAY S. WAGHWASE, J.] scm [6]