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2026 DAILYLAW 2991 (BOM)

SAKIB SULEMAN SAUDAGAR AND OTHERS v. THE STATE OF MAHARASHTRA AND ANOTHER

APPLN/451/2026 · 2026-07-27

Shri Abhay S Waghwase

body2026

Judgment text

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Application 451 of 2026 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 991 CRIMINAL APPLICATION NO. 451 OF 2026 1. Sakib Suleman Saudagar (Husband), Age: 35 years, Occu.: Labourer, R/o. At Post Dhawada, Tq.Bhokardan, Wizora, Jalna. Presently residing at Gut No.5, Flat No.31, Naregaon, Tq. District Aurangabad. 2. Safiyabi Suleman Saudagar (Mother-in-law), Age: 56 years, Occu.: Household, R/o. At Post Dhawada, Tq.Bhokardan, Wizora, Jalna. 3. Suleman Sharif Saudagar (Father-in-law) Age: 78 years, Occu.: Nil, R/o. At Post Mastan Chouk, Dhawada, Ta. Bhokardan, Wizora, Jalna. 4. Aqeeb Suleman Saudagar (Brother-in-law) Age: 30 years, Occu.: Private Job, R/o.At Post Mastan Chouk, Dhawada, Ta. Bhokardan, Wizora, Jalna. 5. Shoeb Suleman Saudagar (Brother-in-law) Age: 28 years, Occu.: Advocate/Lawyer, R/o.At Post Mastan Chouk, Dhawada, Ta. Bhokardan, Wizora, Jalna. ….Applicants Versus 1. State of Maharashtra Through Police Inspector, MIDC CIDCO Police Station, Chhatrapati Sambhajinagar. 2. Asma Parveen Sakib Saudagar Age: 32 years, Occu.: Household, R/o. House No.17, Aziz Colony, Naregaon, Chhatrapati Sambhajinagar. …..Respondents 2026:BHC-AUG:30991 Application 451 of 2026 -2- ….. Mr. Abid R.Shaikh , Advocate for Applicants. Mrs.Ashlesha S. Deshmukh, APP for Respondent No.1. Mr.Tushar Chandrakant Shinde h/f. Mr.Sohail Shaikh, Advocate for Respondent No.2 ….. CORAM : ABHAY S. WAGHWASE, J. Reserved on : 24-07-2026 Pronounced on : 27-07-2026 ORDER : 1. In present application, prayers are raised for quashing of Crime No.0643 of 2025 registered at M.I.D.C. Cidco Police Station, District Chhatrapati Sambhajinagar, for offence punishable under Sections 85, 115(2), 352, 351(3), 3(5) of the Bharatiya Nyaya Sanhita and subsequent chargesheet, if any. 2. Learned counsel for the applicants submitted that, applicant no.1 is husband, applicant nos.2 and 3 are parents-in-law and applicant nos.4 and 5 are brothers-in-law of informant/respondent no.2. That, marriage is of 2020. That, FIR is lodged on 04-11-2025 levelling false allegations of demanding Rs.2,00,000/- for house and subjecting informant to cruelty. According to learned counsel, allegations are general, vague and omnibus in nature. That, most of the allegations are against husband, but entire family is tried to be roped in. Therefore, according to learned counsel, as it amounts to Application 451 of 2026 -3- abuse of process of law, he raises above prayers. 3. Learned counsel for informant/respondent no.2 would submit that he has no objection for quashing of crime, but only against parents-in-law. According to him, against husband and brothers-in- law, there are specific allegations. That, their role is crystallized. That, there is demand followed by cruelty. 4. Learned APP also opposes grant of relief on the ground that there is sufficient material to proceed for trial. 5. Perused the FIR dated 04-11-2025. Substance of the FIR is that, marriage of informant/respondent no.2 was performed with applicant no.1 Sakib on 03-06-2020. According to her, she was treated properly for 3-4 months, but thereafter, her husband, parents- in-law started taunting her saying that she should bring money from her father. That, she was made to wake up at 04:00 a.m. to do household work and when she woke up late, she was abused by parents-in-law. That, husband did not provide money for her needs and expenses. That, she was sent for delivery to her parents’ home and all expenses of delivery are borne by her parents. That, she returned back on 01-01-2022, but that time, she claims that she was Application 451 of 2026 -4- subjected to physical, mental, economical cruelty. According to her, husband asked her to arrange money for payment of credit card coupled with threat to give her divorce, if she fail to arrange money. Then she alleges that, her husband used to asked her to raise money for purchasing a house and subjected her to physical and mental cruelty. That, parents-in-law did not allow her to give milk to her son and when she went to reside separately with husband, he used to stay out of house on the pretext of meeting at Pune and Mumbai, but stayed in Aurangabad itself. She stated that, her both brothers-in-law also used to abuse, take her child with them and did not bring him back soon. She alleges that, on 08-08-2025, her husband beat her and when she called her brother, husband and brothers-in-law beat both of them. Hence, the report. 6. On carefully going through above FIR, here, main or most of the allegations are against husband and there are stray allegations against parents-in- law and brothers-in-law. Informant has reported physical, mental and economic cruelty without specifying who indulged in it. It appears that marriage is of 03-06-2020 and after delivery, she seems to have come to stay back with applicant in January, 2022 and has levelled general and vague allegations against all applicants for inflicting physical and mental cruelty. Even episode Application 451 of 2026 -5- of beating to her and her brother is of 08-08-2025, but FIR is of 04- 11-2025 i.e. after almost three months. 7. Learned counsel for applicants shows his inclination to withdraw present application to the extent of applicant no.1/husband. Therefore, application to his extent is allowed to be withdrawn. However, in the light of material against remaining applicants, initiation and continuation of proceedings against them with such allegations does amount to abuse of process of law. Hence, they deserve relief as prayed. Accordingly, following order is passed : ORDER I. The application is partly allowed. II. FIR No. 0643 of 2025 dated 04-11-2025, registered at M.I.D.C. Cidco Police Station, District Chhatrapati Sambhajinagar for offences punishable under Sections 85, 115(2), 352, 351(3), 3(5) of the Bharatiya Nyaya Sanhita, and the consequential proceedings, if any, to the extent of applicant Nos.2, 3, 4 and 5, are hereby quashed and set aside. III. Application to the extent of Applicant No.1/husband is disposed of as withdrawn. [ABHAY S. WAGHWASE, J.] SPT