1 938.J.apl.847.2023.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.847 OF 2023 Dnyaneshwar s/o Sukhdev Gawai, aged about 71 years, Occ. Retired, r/o Mahakali Nagar, Murtizapur, Dist. Akola. ... APPLICANT VERSUS 1. State of Maharashtra, through Police Station Officer, Murtizapur (city), Tq. Murtizapur, Dist. Akola. 2. Sau. Vaishali Tushar Gawai, aged abut 29 years, Occ. Service in a hospital, r/o Rajgruh Nagar, Murtizaur, Tq. Murtizapur, Dist. Akola. … NON-APPLICANT(S). _____________________________________________________________ Shri S.C. Wankhade, Advocate for the applicants. Shri S.S. Doifode, Addl.P.P. for the Sate. Ms Aarti Singh, Advocate for non-applicant no.2 (appointed). ______________________________________________________________ CORAM : ANIL S. KILOR AND PRAVIN S. PATIL, JJ. DATE : 07.05.2025. ORAL JUDGMENT : (Per : Pravin S. Patil, J.) 2025:BHC-NAG:5268-DB 2 938.J.apl.847.2023.odt RULE. Rule made returnable forthwith. 2. By this application the applicant who is the father-in-law of non-applicant no.2, seeking quashment of charge-sheet bearing R.C.C. No.112 of 2024 pending on the file of learned Judicial Magistrate First Class, Murtizapur arising out of First Information Report (‘FIR’) No.189 of 2023 registered with Murtizapur Police Station, District Akola for the offence punishable under Sections 498A read with Section 34 of the Indian Penal Code by stating that there are no allegations against him in the police complaint nor any document available on record to show his active role in the harassment to non- applicant no. 2. 3. It is also the submission of the applicant that he has been falsely implicated in the present crime. Hence, the criminal prosecution against him is liable to be quashed and set aside. 4. Learned Addl. Public Prosecutor appearing for the State and learned Counsel for non-applicant no.2 strongly opposed the application by stating that the allegations levelled against the applicant prima facie attracts the offence under Section 498A of the IPC. 5. We have heard the learned Counsel appearing for the 3 938.J.apl.847.2023.odt parties and perused the record. Only allegation against the present applicant is that he stated to non-applicant no. 2 that “it will take two and half year to you to settle in family so do not give me headache”. Except this, there are no allegation against the present applicant. According to us, this statement of the applicant could not be said to be an insulting statement nor this statement is sufficient to constitute the offence under Section 498A of the IPC. 6. The Hon’ble Supreme Court in the case of Dara Lakshmi Narayana and ors. vs. State of Telangana and anr. (2024) 12 S.C.R. 559 has observed thus : “..mere reference to the names of family members in a criminal case arising out of matrimonial dispute, without specific allegations indicating their active involvement should be nipped in the bud. It is a well-recognized fact, borne out of judicial experience, that there is often a tendency to implicate all the members of the husband’s family when domestic disputes arise out of a matrimonial discord. Such generalised and sweeping accusations unsupported by concrete evidence or particularised allegations cannot form the basis for criminal prosecution. Courts must exercise caution in such cases to prevent misuse of legal provisions and the legal process and to avoid unnecessary harassment of innocent family members”. 7. As such, allegations against the applicant, who is the father- in-law of non-applicant no.2 being vague and omnibus in nature, in our 4 938.J.apl.847.2023.odt considered opinion, no offence is made out against the present applicant. Continuation of prosecution against the applicant would be abuse of the process of law. Accordingly, we pass the following order: (a) The Criminal Application is allowed. (b) charge-sheet bearing R.C.C. No.112 of 2024 pending on the file of learned Judicial Magistrate First Class, Murtizapur arising out of First Information Report (‘FIR’) No.189 of 2023 registered with Murtizapur Police Station, District Akola for the offence punishable under Sections 498A read with Section 34 of the Indian Penal Code is hereby quash and set aside against the present applicant. 8. Fess of the appointed Counsel be paid as per Rules. (PRAVIN S. PATIL , J. ) (ANIL S. KILOR , J. ) Trupti