1 APL1423.24 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION [APL] NO.1423 OF 2024 Mr. Nikhil s/o Moreshwar Kambdi (Husband) Aged about 33 years, Occ. Service, R/o. Samata Colony, Tilak Nagar, Wadsa Road, Bramhapuri, Chandrapur-441206. .. Applicant .. Versus .. 1. State of Maharashtra Through its Police Station Officer, Police Station Ramnagar, Dist. Chandrapur. 2. Mrs. Archana w/o Nikhil Kambdi R/o. Krishna Nagar, Near Buddha Vihar, Chandrapur (Complainant). .. Non-Applicants ………. Shri Ritesh U. Tambe, Advocate for Applicant. Mrs. M.H. Deshmukh, APP for Non-Applicant No.1/State. Shri Chetan D. Thamke, Advocate with Shri S.S. Kashyap, Advocate for Non-Applicant No.2. ………. CORAM : ANIL S. KILOR AND PRAVIN S. PATIL, JJ. DATED : 21 st APRIL, 2025 . 2025:BHC-NAG:4911-DB 2 APL1423.24 JUDGMENT [PER : Pravin S. Patil, J.] 1. Rule. Rule made returnable forthwith. By consent of the learned Counsel for parties, the matter is taken up for final disposal. 2. By the present application, the applicant is seeking to quash and set aside the criminal proceeding bearing Regular Criminal Case No.737/2024 pending on the file of the learned Judicial Magistrate, First Class, Chandrapur arising out of Crime No.1287/2023 registered with Police Station Ramnagar, Chandrapur for the offences punishable under Sections 498-A, 504 and 506 of the Indian Penal Code. 3. In short the case of prosecution is that after the marriage, on the count of given less dowry and on other petty issues, non-applicant no.2 was subjected to harassment at the instance of applicant. And further applicant doubts her chastity and thereby abused her and gave threats to kill her. As such, on the basis of these allegations, crime came to be registered against applicant and then after conducting investigation chargesheet came to be filed on 22.08.2024. 3 APL1423.24 4. Heard the learned counsel for the applicant, learned Additional Public Prosecutor for non-applicant no.1/State and the learned counsel for non-applicant no.2-complainant. We have also perused the entire chargesheet and the documents placed on record by the rival parties. 5. In the present case, the non-applicant no.2 in her police report dated 25.11.2023 made specific allegation that on 14.11.2023 on her police report, the matter was referred to the Bharosa Cell Chandrapur. However, the applicant intentionally not attended the said counselling proceeding, hence the counselling proceedings were failed and consequently she lodged police report against the applicant. In this regard, applicant has specifically pointed out from the complaint of non-applicant no.2 dated 23.11.2023 lodged with the Police Station Ramnagar, Chandrapur that she herself stated in her complaint that she wants to take harsh action against her husband and to seek maintenance amount for herself and her daughter. She further stated that first she want to take action and then proceeding under the Protection of Women from Domestic Violence Act would be filed by her 4 APL1423.24 independently against applicant. As such, no further date nor counselling should be conducted in the matter and case should be directly referred to the Police Station. To substantiate this submission, the relevant extract of complaint in vernacular is reproduced as under : eyk ifrlkscr jkgk;ps vkgs- i.k ifr bFks ;sr ukgh Eg.krks o R;kaph dksVkZr fMOgkslph dsli.k nk[ky dsysyh vkgs- rj eyk ifroj dk;Zokgh djk;ph vkgs- ifrdMwu ek>k o eqyhpk [kpZ ?;k;pk vkgs- i.k ifgys dk;Zokghph izfdz;k djk;ph vkgs o fM-Ogh- ph dksVkZph izfdz;k eh Lor%gqu dj.kkj vkgs- rsOgk ek>h dsl dk;Zokghdfjrk iksyhl LVss’kuyk ikBokoh- rkjh[k udks] leqins’ku djk;ps ukgh- rlk ys[kh vtZgh eh fygwu fnysyk vkgs- vtZnkjkus dsl iksyhl LVs’kuyk ijr ikBfo.;kl lkafxrY;kus o rlk ys[kh vtZ fnY;kus vtZnkjkP;k bPNsus dsl iksyhl LVs’kuyk ijr dj.;kr ;sr vkgs- As such, from the above said complaint, it is crystal clear that non-applicant no.2 made false submission in her police report dated 25.11.2023, that applicant did not attend the Bharosa Cell. 6. In the present matter, offence being registered under Section 498-A of the Indian Penal Code, we will first consider the pre-requisits of the said provision. According to us, Section 498-A of the Indian Penal Code attracts for the act mentioned in 5 APL1423.24 Clauses (a) or (b). The first limb of Clause (a) of the explanation of Section 498-A of the Indian Penal Code states that ‘cruelty’ means any wilful conduct that is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman. Further, Clause (b) of the explanation of Section 498-A of the Indian Penal Code states that ‘cruelty’ would also include harassment of the woman where such harassment is to coerce her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. 7. In the light of above, the bare perusal of the FIR shows that allegations made by non-applicant no.2 are vague and omnibus. The non-applicant no.2 failed to provide any specific details or describe any particular instance of harassment to demonstrate that by such harassment satisfies pre-requisites of Section 498-A of the Indian Penal Code. Hence, in absence of concrete and precise allegation, we are of the confirmed opinion that no case is made out against applicant. 6 APL1423.24 8. It is clear from record that non-applicant no.2 since year 2021 is not residing with applicant. She has filed application under Domestic Violence Act against applicant before learned Judicial Magistrate, First Class, Chandrapur. Hence, it is clear that only out of personal vendetta, police complaint is lodged against applicant to cause him mental harassment and to settle her personal scores. 9. For the aforesaid reasons, we are of the confirmed opinion that the complaint lodged by the non-applicant no.2 is vexatious and with an ulterior motive to drag the applicant in criminal offence to settle her personal scores. As such, allowing to continue criminal proceeding against applicant would amount to abuse process of court. Hence, we proceed to pass the following order : O R D E R (i) Criminal Application is allowed. (ii) The proceeding of Regular Criminal Case No.737/2024 pending on the file of the learned Judicial Magistrate, First Class, Chandrapur arising out of Crime No.1287/2023 registered with Police Station Ramnagar, 7 APL1423.24 Chandrapur for the offence punishable under Sections 498-A, 504 and 506 of the Indian Penal Code, is hereby quashed and set aside. 10. Rule is made absolute in the above terms. (Pravin S. Patil, J.) (Anil S. Kilor, J.) Gulande