VIJETA D/O SURESH SHENDRE v. COMMISSIONER OF POLICE NAGPUR AND 2 OTHERS
APL/849/2022 · 2025-05-08
Shri Anil S Kilor, Shri Pravin S Patil
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49320 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49320 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 940.J.apl.849.2022.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.849 OF 2022 Ms Vijeta d/o Suresh Shendre, age : 36 years, Occ. Service W.P.C., r/o Plot No. 34, Ganpati Nagar, Zingabai Takli, Nagpur.
... APPLICANT VERSUS
1. Commissioner of Police, Nagpur, Civil Lines, Nagpur
2. Police Inspector, Police Station, Hudkeshwar, Nagpur, Dist. Nagpur.
3. Sau. Sharmila Abhilash Singh Thakur, aged about 44 years, Occ. Service, r/o Mahalaxmi Nagar, near Allahabad Bank, Shahu Garden School, Manewada Road, Nagpur.
… NON-APPLICANT(S). _____________________________________________________________ Shri Y.B. Mandpe, Advocate for the applicant. Shri A.R. Chutake, Addl.P.P. for the State. Shri A.H. Daga, Advocate for non-applicant no.3. ______________________________________________________________
CORAM : ANIL S. KILOR
AND PRAVIN S. PATIL, JJ.
DATE : 08.05.
2025.
ORAL JUDGMENT : (Per : Anil S. Kilor, J.) 2025:BHC-NAG:5262-DB
2 940.J.apl.849.2022.odt RULE. Rule made returnable forthwith.
2. By this application, the applicants are seeking quashment of Charge-sheet no. 72/2021 arising out of Crime No.944 of 2021 registered with the Hudkeshwar Police Station, Nagpur City for the offence punishable under Sections 498A, 504 and 506 of the Indian Penal Code.
3. From the perusal of the police report, admittedly, it appears that the applicant is not relative of the husband of non- applicant no.2, but she is a girlfriend of the husband of non-applicant no.2, which would not cover within the term ‘relative’. The word ‘relative’ brings within its purview a status which must be conferred either by blood or marriage or adoption.
4. In the circumstances and as held by the Hon’ble Supreme Court in the case of U. Suvetha v. State by Inspector of Police and anr. (2009) 6 SCC 757, no offence as alleged would attract against the present applicant – the girlfriend of husband of non-applicant no.2. Accordingly, we pass the following order : (a) The Criminal Application is allowed.
3 940.J.apl.849.2022.odt (b) Charge-sheet no.72/2021 arising out of Crime No.944 of 2021 registered with the Hudkeshwar Police Station, Nagpur City for the offence punishable under Sections 498A, 504 and 506 of the Indian Penal Code, is hereby quash and set aside against the present applicants.
(PRAVIN S. PATIL
, J. ) (ANIL S. KILOR
, J. ) Trupti