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Bombay High Court

NILESH SUDHAKARRAO PAWAR AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
DISPOSED OFF

Holding

No prima facie case exists against the husband’s relatives; their prosecution is quashed while the case may proceed against the husband.

Summary

The husband and his relatives (father‑in‑law, mother‑in‑law, brother‑in‑law and sister‑in‑law) applied to quash FIR No.313 of 2025 filed by the wife alleging cruelty and illegal dowry demand under Sections 85 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The court observed that the FIR and charge sheet specifically targeted the husband, with no particularised allegations or prima facie material against the other family members. Citing Supreme Court precedents emphasizing the need for specific allegations against each accused in matrimonial disputes, the court held that the prosecution of the relatives would be an abuse of process. Consequently, the application was allowed to the extent of quashing the prosecution against the father‑in‑law, mother‑in‑law, brother‑in‑law and sister‑in‑law, while allowing the case to continue against the husband. The court also directed payment of remuneration to the appointed counsel for the wife.

Issues considered

  • Whether the FIR under Sections 85 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 can be sustained against the husband’s relatives in the absence of specific allegations of their active participation.
  • Whether continuation of prosecution against the relatives amounts to an abuse of the legal process.
  • Whether the court has inherent power to quash the FIR for the relatives while permitting prosecution against the husband.

Legislation cited

Subjects

  • criminal procedure
  • quashment of FIR
  • domestic violence
  • dowry harassment
  • family liability
  • abuse of process
  • matrimonial dispute

Judgment

2026:BHC-AUG:24116-DB
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                                                    (1)


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                              CRIMINAL APPLICATION NO. 3008 OF 2025

                1.      Nilesh Sudhakarrao Pawar
                        Age: 35 Years, Occupation: Service,         (HUSBAND)
                2.      Sudhakar Janrao Pawar
                        Age: 60 Years, Occupation: Agriculturist,   (FATHER IN LAW)
                3.      Shilabai Sudhakar Pawar
                        Age: 55 Years, Occupation: Household,       (MOTHER IN LAW)
                4.      Mangesh Sudhakar Pawar
                        Age: 37 Years, Occupation: Agriculturist, (BROTHER IN LAW)
                5.      Pranita Mangesh Pawar
                        Age: 31 Years, Occupation: Household,       (SISTER IN LAW)
                        1 to 5 R/o : At Post Dongakini
                        Taluka Malegaon,
                        District Washim.                            ..Applicants

                        VERSUS
                1.      The State of Maharashtra
                        Through Police Inspector,
                        Police Station – Mantha,
                        District Jalna.
                2.     Madhuri Nilesh Pawar,
                       Age: 28 years, Occu: Household,
                       R/o. C/o. Sureshrao Mahadevrao More,
                       Devthana (Usvat), Taluka Mantha,
                       District Jalna.                              ..Respondents
                                                   …
                                 Mr. G.D. Jain, Advocate for Applicants.
                               Mr. S.K. Shirse, APP for Respondent/State.
                     Ms. Pooja Apache, Advocate for Respondent No.2 (Appointed).
                                                    ...
                                                CORAM : S. G. CHAPALGAONKAR, J.
                                                DATED : JUNE 12, 2026

                FINAL ORDER :-

                1.            The applicants seek quashment of FIR No.313 of 2025

                dated 01.06.2025 registered with Police Station Mantha, District
                                                           appln-3008-2025.odt
                                   (2)


Jalna for offences punishable under Sections 85 and 3(5) of

Bharatiya Nyaya Sanhita, 2023.

2.           On 14.08.2025, at first hearing of application, after

disinclination shown by this Court to grant any relief to applicant

no.1, application came to be dismissed as withdrawn as against

applicant no.1 and notices were issued only for reliefs claimed on

behalf of applicant nos.2 to 5.

3.           The investigation was set in motion on the basis of

information given by respondent no.2 alleging that on 28.06.2016,

she married with applicant no.1.         Thereafter, she resided at her

matrimonial home. The couple is blessed with a son and daughter. It

is alleged that after marriage, she was treated well for 2-3 months.

Thereafter ill-treatment started finding faults with her conduct. The

second part of allegation is against conduct of husband.                The

omnibus allegation is employed against applicants that they were

supporting illegal demand of her husband and made to starve her in

pursuance to such demand.          The investigation progressed on

registration of offence and finally, charge sheet came to be filed.

4.           The careful reading of FIR shows that grievance of

respondent no.2 is against her husband. Although, allegations of

demand and cruelty are commonly made against all accused persons,

there are no particulars of their overt acts whereby ingredients of
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                                      (3)


offence under Section 85 of Bharatiya Nyaya Sanhita, 2023 can be

made out.

5.             In light of aforesaid backdrop, reference can be given to

observations of Hon’ble Supreme Court in case of Preeti Gupta and

Another Vs. State of Jharkhand and Another reported in (2010) 7

SCC 667, particularly paragraph nos.30, 32 and 34, which read

thus :

         “30. It is a matter of common knowledge that
         unfortunately matrimonial litigation is rapidly increasing in
         our country. All the courts in our country including this
         Court are flooded with matrimonial cases. This clearly
         demonstrates discontent and unrest in the family life of a
         large number of people of the society.
         32.    It is a matter of common experience that most of
         these complaints under section 498-A IPC are filed in the
         heat of the moment over trivial issues without proper
         deliberations. We come across a large number of such
         complaints which are not even bona fide and are 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.
         34.    Unfortunately, at the time of filing of the complaint
         the implications and consequences are not properly
         visualized by the complainant that such complaint can lead
         to insurmountable harassment, agony and pain to the
         complainant, accused and his close relations.”

6.             Reference can also be given to observations of another

judgment of Hon’ble Supreme Court in case of Arti Mehta and

Others Vs. State of Madhya Pradesh and Others reported in 2026

SCC OnLine SC 933, particularly paragraph no.43, which reads thus :

          “43. However, while safeguarding the rights and dignity of
          victims of domestic violence remains of paramount
          importance, courts are simultaneously required to ensure
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                                      (4)

         that the rigours of criminal law are not indiscriminately
         extended to every member of the family without a clear
         factual foundation. In prosecutions arising out of
         matrimonial disputes, the allegations against each accused
         must be specific, distinct and supported by prima facie
         material indicating active involvement in the alleged acts of
         cruelty, harassment or unlawful demand of dowry. Mere
         allegations that family members “supported” the husband,
         failed to intervene, or advised the complainant to adjust in
         the matrimonial relationship, without anything further,
         would not ipso facto attract criminal liability. There may
         indeed be situations where certain relatives remain passive
         spectators or fail to come to the aid of the complainant;
         however, such conduct, though morally questionable,
         cannot automatically be elevated to the status of criminal
         culpability unless the surrounding circumstances clearly
         disclose their active complicity or participation in the
         alleged offences.”


7.             Reference can also be given to observations of another

judgment of Hon’ble Supreme Court in case of Dara Lakshmi

Narayana and Others Vs. State of Telangana and Another reported in

2025 3 SCC 735, particularly paragraph nos.27 and 30, which reads

thus :

         “27. A mere reference to the names of family members in a
         criminal case arising out of a matrimonial dispute, without
         specific allegations indicating their active involvement should
         be nipped in the bud. It is a well-recognised fact, borne out of
         judicial experience, that there is often a tendency to implicate
         all the members of the husband’s family when domestic
         disputes arise out of a matrimonial discord. Such generalised
         and sweeping accusations unsupported by concrete evidence
         or particularised allegations cannot form the basis for criminal
         prosecution. Courts must exercise caution in such cases to
         prevent misuse of legal provisions and the legal process and
         avoid unnecessary harassment of innocent family members.”
         30.    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
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                                      (5)

       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.”


8.          In light of aforesaid exposition of law, if contents of

charge sheet are perused, it can be observed that no offence can be

made out against applicant nos.2 to 5. As rightly pointed out by Mr.

Jain. On 10.09.2024, applicant no.1 filed Marriage Petition No.236

of 2024 against respondent no.2 seeking decree of divorce under

Section 13(1)(a) of Hindu Marriage Act.         Present FIR has been

lodged on 01.06.2025 which appears to be reaction of husband’s

petition. In this backdrop, this Court finds that no case can be made

out against applicant nos.2 to 5 for continuation of their prosecution

on the basis of contents of FIR or material in charge sheet. In result,

further prosecution as against applicant nos.2 to 5 would be abuse of

process of law. Hence, case is made out to exercise inherent powers

of this Court. Application is allowed in terms of prayer clause (B) to

the extent of applicant nos.2 to 5.

9.          The prosecution may continue as against applicant no.1.
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                                  (6)


10.          The   Secretary,   High    Court   Legal   Services      Sub-

Committee, Aurangabad is directed to pay remunaration of

appointed counsel for respondent no.2, as per schedule.



                                        (S.G. CHAPALGAONKAR, J.)




Mujaheed//


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