LAXMAN BHASKAR HAVANE AND OTHERversusTHE STATE OF MAHARASHTRA AND ANOTHER

2026:BHC-AUG:15684-DB


                                            (1)                      960criapln2750.24

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                              CRIMINAL APPLICATION NO.2750 OF 2024

                1]      Laxman s/o Bhaskar Havane
                        Age: 29 years, Occu. Nil, R/o. Khadki (D),
                        Tq. Wadwani, Dist. Beed.

                2]      Venubai Bhaskar Havane
                        Age: 55 years, Oecu. Housewife,
                        R/o. As above.

                3]      Bhaskar s/o Namdeo Havane
                        Age: 60 years, Occu. Agri.,
                        R/o. As above.

                4]      Krishna s/o Bhaskar Havane
                        Age: 26 years, Occu. Education,
                        R/O. As above.

                5]      Sunita Ramdas Gachande
                        Age: 34 years, Occu. Housewife
                        R/o. Sirasmarg, Tq. Georai,
                        Dist. Beed.

                6]      Ramdas s/o Vinayak Gachande
                        Age: 40 years, Occu. Agri.
                        R/o. Sirasmarg, Tq. Georai,
                        Dist. Beed.

                7]      Machindra s/o Kisan Shete
                        Age: 57 years, Occu. Agri./Labour
                        R/o. Karchundi, Tq. & Dist. Beed. ...APPLICANTS

                        VERSUS

                1]      The State of Maharashtra
                        Through Police Inspector,
                        Police Station, Pathardi.
                        Dist. Ahmednagar.




                                                                                  1 of 7
                           (2)                      960criapln2750.24

2]    Seema w/o Laxman Havane
      Age: 28 years, Occu. Household
      R/o. Khadki (D), Tq. Wadwani, Dist. Beed.
      At present R/o. C/o. Vijay Ramkisan Unvane
      Kasba Peth Pathardi, Tq. Pathardi Dlst. Ahmednagar.

Mr. A. A. Munde, Advocate for the applicant
Mr. V. S. Badakh, APP for the respondents/State
Mr. S. G. Madke, Advocate h/f Mr. A. G. Ambetkar, Advocate for the
respondent No.2

                     CORAM : RAJNISH R. VYAS, J.
                        DATE : 10th APRIL, 2026


PER COURT :

1.            This is an application for quashment of the FIR bearing

No.175/2021 dated 31-03-2021 registered with the Pathardi Police

Station, Dist. Ahmednagar for commission of offences punishable

under Sections 498-A, 323, 504 and 506 of the Indian Penal Code so

also the charge-sheet, final report and order taking cognizance.

2.          Learned Advocate for the applicant has contended that if

the FIR is perused it would be crystal clear that so far as the husband

is concerned who is accused No.1 there are no averments which

would constitute the cruelty as defined under Sections 498-A of the

IPC. He submitted that on the contrary, FIR it self would show that

husband has asked the non-applicant No.2 to work in the field as per

her physical ability. He therefore, submitted that the prosecution

against the husband cannot be allowed to be stand. So far as

                                                                   2 of 7
                             (3)                        960criapln2750.24

initiation of the criminal prosecution against the other accused are

concerned, the allegations are of general in nature .

3.             Per contra, learned Advocate for the non-applicant No.2

has stated that allegations made in the FIR as well as final report are

enough to make out prima facie case against all the accused. He

further contended that conducting mini trial at this stage is not

permissible.

4.             The stand taken by the learned Advocate for the non-

applicant No.2 was supported by the learned APP. He submitted that

at this stage detail appreciation of evidence is unwarranted.

5.             with the help of learned counsels for the parties, I have

gone through the record of the case.

6.             The FIR is lodged by the non-applicant No.2 who has

stated that she along with her husband, daughter, mother-in-law,

father-in-law and brother-in-law resides together and work as

agriculturist.

7.             According to her, on 28-12-2018 her marriage was

performed with the accused Laxman as per rites and ceremony who

was working on the post of Loan Expert with Home Credit Finance

Company. It is further submitted that for 15 to 20 days only he used

to reside at house. It was alleged in the FIR that after marriage for


                                                                     3 of 7
                          (4)                      960criapln2750.24

three months, in-laws treated her properly and after that, she along

with her husband went to Pune. According to her in-laws used to

telephone the husband-laxman and asked him to drop the non-

applicant No.2 at the village on the ground that there was nobody to

work in the agricultural field. There were repeated calls to the

husband by the in-laws.

8.          It is the case of the non-applicant No. 2 that due to

aforesaid insistence non-applicant No.2 was asked by her husband to

go to village and perform the agriculture work, on which, non-

applicant No.2 shown her inability by advancing a reason that since

she had not worked in agricultural field, she would not be in a

position to do the work. Husband then replied that non-applicant

No.2 can do work as per her capacity. Thereafter, husband of non-

applicant No.2 dropped her at matrimonial house. It was alleged in

the FIR that non-applicant No.2 started residing with her in-laws.

During which period as she was not knowing how to perform the

agricultural work, her mother-in-law and father-in-law repeatedly

told her to bring the amount of Rs.5 lakhs for purchasing the house at

Pune.

9.          It was alleged in the FIR that her father-in-law, mother-

in-law and brother-in-law was informed by non-applicant No.2 that

her parents are not in a position to pay. At that time, father-in-law,

                                                                 4 of 7
                           (5)                      960criapln2750.24

mother-in-law and brother-in-law had asked her not to reside with

them as she does not know how to do the agricultural work and

thereafter assaulted her by means of fist and blows. It was alleged in

the FIR that she was kept empty stomach and at that time her sister-

in-law by name Sunita and husband of Suntia by name Ramdas used

to visit her house and repeat the demand. They also harassed her.

10.         It was further alleged that maternal father-in-law by

name Macchindra resident of Beed used to visit her house frequently

and asked the non-applicant No.2 to bring the amount of Rs.5 lakhs

from her parents, if she desires to reside at Pune. On that count she

was subjected to harassment. It was also stated that on the same

reason all the accused persons used to harass her mentally, physically

and financially and also assaulted her whenever she was at her

matrimonial place or at the parents place.

11.         It is in this background, the FIR was lodged on 31-03-

2021. So far as allegations against the present applicants are

concerned, initially it was stated that husband has asked the non-

applicant No.2 to perform the agricultural work as per her capacity.

It is not the case of the informant in the FIR that she was harassed or

pressurized at the initial stage. Thereafter, omnibus statement and

general allegations are made against the present applicants that they

used to harass her, assault and beat her for non-fulfillment of demand

                                                                  5 of 7
                             (6)                    960criapln2750.24

of Rs.5 lakhs. The FIR as well as the statement recorded of all the

witnesses further shows that no specific role is assigned to any of the

applicants. The material produced on record is thus bereft of specific

details.

12.         The law in this regard is crystal clear that the

prosecution is under obligation to show that prima facie material is

available against the applicants for prosecution for the offences

registered. Omnibus and general allegations would not be enough to

permit the prosecution to proceed against the present applicants.

13.         The Hon’ble Apex Court in the case of State of Hariyana

Vs Bhajanlal, AIR 1992 SC 604 has categorically stated that if the

allegations made in the FIR and final report fail to disclose prima

facie offence, then continuation of prosecution would not be in the

interest of justice. As already stated that the allegations are not

sufficient to attract the ingredients of offences registered. General

statement is made that maternal father-in-law by name Machindra

had also demanded amount of Rs.5 lakhs. Said allegations and

averments made in the statement of Vijay- father, Lata-mother &

Anand- Uncle of the non-applicant No.2 are also on similar lines and

lacks specific particulars. Thus, I am of the view that continuation of

the prosecution would not be in the interest of justice. Therefore, the

following order is passed:

                                                                    6 of 7
                                    (7)                        960criapln2750.24

                                          ORDER

                  a]        The application is allowed in terms of prayer

                  clauses-[C][C-2][C-3] to the extent of present applicants.

                  b]        The application is disposed off.

                  c]        Needless to mention here that the observations

                  made in the present application would not affect the out

                  come of other proceeding pending between the parties.




                                               [RAJNISH R. VYAS, J. ]

VishalK/960criapln2750.24




                                                                            7 of 7