1 68.J.apl.1509.2023.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.1509 OF 2023 1. Meghraj s/o Sakharam Diware, aged about 64 years, Occ. Retired. 2. Pratibha w/o Meghraj Diware, aged about 55 years, Occ. Housewife Applicant no.1 and 2 Both are residing 402-D wingh, Techopes Garden, Bahadura Fata, Umred Road, Nagpur. ... APPLICANTS VERSUS 1. State of Maharashtra, through Police Station Officer, Police Station, Hudkeshwar, Nagpur. 2. Latika w/o amit Diware, aged about 37 years, Occ. Service, r/o c/o Purushottam Shendre Plot No. 40, Khankhoje Nagar, Behind Kalimata Mandir, Ayodhya … NON-APPLICANT(S). _____________________________________________________________ Shri Amit V. Band, Advocate for the applicants. Shri S.Z. Haider, Additional Public Prosecutor for the State. Ms. P. Shewatkar, Advocate h/f Shri S.L. Kotwal, Advocate for non- applicant no.2. ______________________________________________________________ 2025:BHC-NAG:5219-DB 2 68.J.apl.1509.2023.odt CORAM : ANIL S. KILOR AND PRAVIN S. PATIL, JJ. DATE : 05.05. 2025. ORAL JUDGMENT : (Per : Pravin S. Patil, J.) RULE. Rule made returnable forthwith. 2. By this application, the applicants are seeking quashment of criminal proceedings bearing R.C.C. No.2455 of 2023 arising out of First Information Report No.158 of 2023 registered with the Hudkeshwar Police Station, Nagpur City for the offence punishable under Sections 498A, 323, 504 of the Indian Penal Code. 3. Present applicants are the father-in-law and mother-in-law of non-applicant no. 2. From record it is clear that, non-applicant no. 2 after seeking divorce from her earlier husband, performed second marriage with accused no.1-Amit. All the allegations in the FIR are against the husband Amit. Only vague and omnibus allegation against the present applicants is that they used to demand dowry from her and cause her mental cruelty. 4. The allegations against the applicants seems to be improbable because admittedly non-applicant no. 2 has performed second marriage with accused no. 1 Amit by her consent. Furthermore, 3 68.J.apl.1509.2023.odt she was having a child of 11 years old at the time of marriage. Hence, such allegation without any basis do not inspire truthfulness. Furthermore, both the applicants are residing at separate place. Hence, this is further reason to disbelieve the statement of non-applicant no. 2 5. In the background of abovesaid facts, it will be relevant to refer the judgment of the Hon’ble Supreme Court in the case of Dara Laxmi Narayana and ors. vs. State of Telangana and anr. (2024) 12 SCR 559, wherein Hon’ble Supreme Court observed thus : “28. The inclusion of Section 498A of the IPC by way of an amendment was intended to curb cruelty inflicted on a woman by her husband and his family, ensuring swift intervention by the State. However, in recent years, as there have been a notable rise in matrimonial disputes across the country, accompanied by growing discord and tension within the institution of marriage, consequently, there has been a growing tendency to misuse provisions like Section 498A of the IPC as a tool for unleashing personal vendetta against the husband and his family by a wife. Making vague and generalised allegations during matrimonial conflicts, if not scrutinized, will lead to the misuse of legal processes and an encouragement for use of arm twisting tactics by a wife and/or her family. Sometimes, recourse is taken to invoke Section 498A of the IPC against the husband and his family in order to seek compliance with the unreasonable demands of a wife. Consequently, this Court has, time and again, cautioned against prosecuting the husband and his family in the absence of a clear prima facie case against them.” 4 68.J.apl.1509.2023.odt 6. In view of facts of the present application and observation of the Hon’ble Supreme Court in the matter, we are of the confirmed view that the present application deserves to be allowed. Hence, we proceed to pass the following order : (a) The Criminal Application is allowed. (b) Criminal proceedings bearing R.C.C. No.2455 of 2023 arising out of First Information Report No.158 of 2023 registered with the Hudkeshwar Police Station, Nagpur City for the offence punishable under Sections 498A, 323, 504 of the Indian Penal Code, is hereby quash and set aside against the present applicants. (PRAVIN S. PATIL , J. ) (ANIL S. KILOR , J. ) Trupti