Bombay High Court
EKBAL ABDUL LATIF KABIR AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- APPLICATION ALLOWED
- Bench
- ABHAY S WAGHWASE
Holding
The FIR and the pending criminal case against the husband and his in‑laws are quashed as the allegations are general, non‑specific and amount to an abuse of process.
Summary
The applicants, comprising the husband and his in‑laws, sought quashment of FIR No. 022/2025 and a regular criminal case filed under Sections 85, 86, 115(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The informant, Sana Mujjamil Kabir, alleged that the applicants demanded Rs 5,00,000 and subjected her to mental and physical cruelty, but the allegations against the father‑in‑law, mother‑in‑law, brother‑in‑law and sister‑in‑law were found to be vague, non‑specific and omnibus. The State opposed the quashment, contending that there was sufficient material to proceed. The Court examined the FIR and observed that the accusations against the applicants lacked concrete particulars and amounted to an abuse of process. Consequently, the Court allowed the application, quashed the FIR, the accompanying chargesheet and the pending criminal case against the applicants, and ordered the disposal of the application.
Issues considered
- What is the adequacy of the material in the FIR to sustain prosecution against the husband and his in‑laws?
- Do the general and non‑specific allegations constitute an abuse of process warranting quashment of the FIR and criminal case?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 3(5), 352, 85, 86
Subjects
- quashment of FIR
- abuse of process
- general allegations
- domestic violence
- Bharatiya Nyaya Sanhita
- Section 352
- criminal procedure
Judgment
2026:BHC-AUG:30990-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.3104 OF 2025
1. Ekbal Abdul Latif Kabir
Age: 64 years, Occu.: Nil,
R/o. Mili Colony, Dharashiv,
Tq. And Dist. Dharashiv (Osmanabad)
2. Faraha Begum Ekbal Kabir
Age: 51 years, Occu.: Housewife,
R/o. Mili Colony, Dharashiv,
Tq. And Dist. Dharashiv (Osmanabad)
3. Mohsin Ekbal Kabir
Age: 23 years, Occu.: Education,
R/o. Mili Colony, Dharashiv,
Tq. And Dist. Dharashiv (Osmanabad)
4. Ayesha Ekbal Kabir
Age: 26 years, Occu.: Service,
R/o. Mili Colony, Dharashiv,
Tq. And Dist. Dharashiv (Osmanabad)
5. Najama Mustafa Shaikh
Age: 53 years, Occu.: Housewife,
R/o. Mili Colony, Dharashiv,
Tq. And Dist. Dharashiv (Osmanabad) .. Applicants
Versus
1. The State of Maharashtra
Through Officer In Charge,
Police Station Kallam,
Tq. Kallam, Dist. Dharashiv.
2. Sana Mujjamil Kabir
Age: 25 years, Occu.: Service,
R/o. Islampura Diksal,
Tq. Kallam, Dist. Dharashiv, .. Respondents
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...
Ms. Renuka S. Karande Advocate h/f Ms. Ashwini Lomte, Advocate
for applicants.
Mr. S. D. Ghayal, APP for respondent No.1/State.
Ms. M. V. Narwade, Advocate for respondent No.2 (Appointed).
...
CORAM : ABHAY S. WAGHWASE, J.
Reserved on : 24.07.2026
Pronounced on : 27.07.2026
ORDER :-
. Instant application is for quashment of FIR No. 022/2025 dated
19.01.2025 registered at Kallam Police Station, District Dharashiv for
offences punishable under Sections 85, 86, 115(2), 352, 3(5) of
Bharatiya Nyaya Sanhita, 2023 (BNS) along with consequential
chargesheet as well as Regular Criminal Case No.102 of 2025 on the
file of learned Judicial Magistrate First Class, Kallam, District
Dharashiv.
2. Learned Counsel for the applicants pointed out that the
applicants, who are the husband and in-laws of the informant, have
been falsely implicated. That, the alleged marriage took place on
04.07.2024. Learned Counsel pointed out that the informant barely
stayed for 40-45 days after the marriage and repeatedly left the
matrimonial house to stay at her parents' place. Due to marital
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discord, the FIR has been lodged by levelling false allegations of
demand. That, all the allegations are omnibus and general in nature.
There are mere allegations of taunting, insult, and abuse, but it is not
clarified as to who indulged in the same. Therefore, it is an abuse of
process of law and for above reasons, relief of quashing
crime/chargesheet and R.C.C. No.102 of 2025 is urged for.
3. Learned Counsel for respondent No.2 original informant would
oppose the application on the ground that there are specific
allegations against husband and two brother-in-laws. They have
indulged in beating for non compliance of demand of money.
However, she fairly submitted that she has no objection for granting
relief in favour of father-in-law and mother-in-law.
4. Learned APP opposed the application on the ground that there
are allegations of demand of money followed by allegation of
inflicting cruelty, both physical and mental and that there is sufficient
material on said point.
5. Heard. Perused the FIR dated 19.09.2025 at the instance of
respondent No.2 Sana Mujjamil Kabir, who reported police on
19.01.2025 that she was married with applicant No.1 on 04.07.2024
as per Muslim rituals. According to her, she was treated properly for
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2 to 3 weeks. She reported that thereafter on 25.07.2024, her father-
in-law said that he is heavily indebted due to the marriage expenses
and also they need to purchase house and for that, she should bring
Rs.5,00,000/- from her brother to repay the loan and purchase the
house. According to her, when she refused, her mother-in-law,
brother-in-law and sister-in-law started taunting her on minor counts
and insulted her and thereby inflicted mental cruelty. According to
her, mother-in-law suggested her to work in the field on Saturday and
Sunday and also questioned her for back answering. That time, she
alleges that her sister-in-law was also present there and she also
joined mother-in-law in scolding her and when she reported it to
husband, he turned the deaf ears and rather blamed her. Further,
according to her, in presence of her husband, brother-in-law also
taunted and hurled abuses. Then, she alleged slapping by husband
and further, demand by one Baya Aapa and she duly informed the
same to her brother on phone and her brother managed to raise
Rs.2,00,000/-, but her husband and in-laws questioned, her when
remaining amount of Rs.3,00,000/- would be paid. Finally, on
30.09.2024, she was beaten by her husband and driven out of the
house and in spite of her repeated calls, her husband did not respond.
Consequently, she lodged report against her husband and in-laws.
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6. On close scrutiny of FIR, it is seen that allegations of demand of
Rs.5,00,000/- are attributed to the father-in-law, but there is no
allegation that he indulged in cruelty to meet such demand. Even
allegations against mother-in-law, brother-in-law and sister-in-law are
for taunting and insulting and apparently, such allegations are non
specific and general in nature. It is not reported that there was
continuous cruelty in the backdrop of above demand by in-laws, who
are the only applicants. Apparently, accused husband is not before
the Court seeking relief.
7. In the light of there being general and omnibus allegations
against the present applicants, with such quality of material, initiation
of proceedings against them would amount to sheer abuse of process
of law. Hence, I proceed to pass following order :-
ORDER
I. The application is allowed.
II. The FIR bearing Crime No.022 of 2025 dated 19.01.2025
registered at Kallam Police Station, District Dharashiv for
offences punishable under Sections 85, 86, 115(2), 352, 3(5) of
Bharatiya Nyaya Sanhita, 2023 (BNS) along with consequential
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proceedings i.e. chargesheet as well as Regular Criminal Case
No.102 of 2025 pending on the file of learned Judicial
Magistrate First Class, Kallam, District Dharashiv are hereby
quashed and set aside, as against present applicants.
III. Fees of learned counsel appointed to represent respondent No.2
is to be paid by the High Court Legal Services Sub-Committee,
Aurangabad, as per Rules.
III. The application is accordingly disposed off.
[ABHAY S. WAGHWASE, J.]
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