(1) 940 apl 1323-2024 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 1323 OF 2024 Mayur Umashankar Muley and others Vs. The State of Maharashtra through P.S.O. P.S. Frezarpura, Dist. Amravati and another -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------- Shri Yusuf Anvar, Advocate h/f Shri R.U. Vyawahare, Advocate for applicants Shri N.B. Jawade, APP for non-applicant/State CORAM : URMILA JOSHI-PHALKE AND NANDESH S. DESHPANDE, JJ. DATED : 16.09.2025 Heard. 2. The present application is preferred challenging the First Information Report in connection with Crime No. 23/2023, registered under Section 498-A, read with Section 34 of the Indian Penal Code and charge-sheet No. 95/2023, as also R.C.C. No. 622/2023. 3. Brief facts which are necessary for the disposal of the application are as under : The informant is legally wedded wife of the applicant No.1, Mayur Umashankar Muley, who lodged the First Information Report on an allegation that her marriage (2) 940 apl 1323-2024 with applicant No.1 was performed on 26.03.2022, and after marriage, she resumed the cohabitation at the house of the present applicant. The applicant No.1 is the husband, applicant Nos. 2 and 3 are her in-laws, the other applicants are the nearest relatives of the applicant No.1. After marriage, she was treated well for one month, and thereafter, she was ill-treated. The applicant No.1 was ill treating her physically as well as mentally on the instigation of the other applicants. On the basis of the said report police have registered the crime against the present applicants. 4. Heard learned Counsel for the applicants, who submitted that the crime is registered on the false and baseless allegations. The other applicants i.e. the applicant Nos.2 to 10 are the nearest relatives and omnibus allegation is levelled against them. As far as the husband is concerned, against whom also the general allegations are levelled and no offence is made out. As far as the ill-treatment for the purpose of unlawful demand is concerned, he submitted that no purpose will be served by forcing the present applicants to face the trial. To face the trial would be an abuse of process of law. In view of that the application deserves to be allowed 5. learned Additional Public Prosecutor strongly opposed the same and submitted that considering the allegations levelled against the present applicants, the application deserves to be rejected. (3) 940 apl 1323-2024 6. Despite the service and reply filed by the respondent No.2, none appears for the respondent No.2. 7. On hearing both the sides and on perusal of the entire investigation papers, there is no dispute as to the fact that the applicant Nos. 2 to 10 are the nearest relatives. Only the applicant Nos. 2, 3 and 6 were residing along with the applicant No.1 and the informant, rest of the applicants are residing separately. Even accepting the allegations as it is, which is of a general nature and omnibus in nature. No specific instances are narrated by the informant as far as the instigation on the part of the other applicants are concerned. Applicant No.1 is the husband, against whom, there is specific allegation that as he was not properly respected in the marriage, and therefore, he used to ill treat her and also beat her, therefore, the specific allegations are there as far as applicant No.1 is concerned. Now this aspect is well settled by the decision of the Hon’ble Apex Court. The Hon’ble Apex Court in the case of Preeti Gupta Vs. State of Jharkhand, (2010) 7 SCC 667, wherein, the Apex Court observed in paragraph Nos. 30, 32, 34 as under : “30. It is a matter of common knowledge that unfortunately matrimonial litigation is repeatedly increasing in our country. All the Courts in our country including this Court are flooded with the matrimonial cases. This really demonstrates discontent and unrest in the family life of a large number of people in the society. 31………... 32. It is the matter of common experience that most of these complaints under Section 498-A IPC are filed in the heat of the moment over trivial (4) 940 apl 1323-2024 issues without proper deliberations. We came across a large number of such complaints which are not even bona fide and as filed with oblique motive. At the same time, rapid increase in the number of genuine cases of dowry harassment are also a matter of serious concern. 33…………... 34. Unfortunately, at the time of filing of complaint the implications and consequences are not properly visualized by the complainant that such complaint can lead to unsurmountable, harassment, agony and pain to the complainant, accused and his close relations.” 8. In another decision in case of Kahkashan Kausar Vs. State of Birhar, (2022) 6 SCC 599, the Supreme Court after taking stock of various decisions, rendered by the supreme Court in the subject matter, observed in paragraph No. 17 as under : “The above-mentioned decisions clearly demonstrate that this court has at numerous instances expressed concern over the misuse of section 498A IPC and the increased tendency of implicating relatives of the husband in matrimonial disputes, without analysing the long term ramifications of a trial on the complainant as well as the accused. It is further manifest from the said judgments that false implication by way of general omnibus allegations made in the course of matrimonial dispute, if left unchecked would result in misuse of the process of law. Therefore, this court by way of its judgments has warned the courts from proceeding against the relatives and in-laws of the husband when no prima facie case is made out against them.” 9. In a recent decision in Mange Ram Vs. State of Madhya Pradesh and others, MANU/SC/1066/2025 by (5) 940 apl 1323-2024 referring its earlier decision in Dara Lakshmi Narayana Vs. State of Telangane, MANU/SC/1309/2024, the Hon’ble Apex Court has made it clear that family members of the husband ought not to be unnecessarily roped into criminal proceedings arising out of matrimonial discord. The Court observed that it has become a recurring tendency to implicate every member of the husband's family, irrespective of their role or actual involvement, merely because a dispute has arisen between the spouses. It was further held that where the allegations are bereft of specific particulars, and particularly where the relatives sought to be prosecuted are residing separately or have had no connection with the matrimonial home, allowing the prosecution to proceed would amount to an abuse of the process of law. The Court noted that criminal law is not to be deployed as an instrument of harassment, and that judicial scrutiny must be exercised to guard against such misuse. 10. In the light of the above principles laid down by the Hon’ble Apex Court and the facts of the present case taken into consideration, admittedly, there are omnibus allegations levelled against the applicant Nos. 2 to 10, are concerned, and therefore, the application praying quashing of the First Information Report against them deserves to be allowed. As far as applicant No.1 is concerned, against whom, there are specific allegations, therefore, prayer of the applicant No.1, for quashing of the First Information Report deserves to be rejected. In view of that, we proceed to pass the following order : (6) 940 apl 1323-2024 ORDER i) Application is partly allowed. ii) The prayer of the applicant Nos. 2 to 10 for quashing of the First Information Report in connection with Crime No. 23/2023, registered under Section 498-A, read with Section 34 of the Indian Penal Code and charge-sheet No. 95/2023, as also R.C.C. No. 622/2023, are hereby quashed to the extent of applicant Nos. 2 to 10, are concerned. iii) The prayer of the applicant No.1, for quashing of the First Information Report and the Charge-sheet, is hereby rejected. The application is disposed of in the above said terms. (NANDESH S. DESHPANDE, J.) (URMILA JOSHI-PHALKE, J.) Jayashree..