PRIYANKA W/O SURESH JADHAV AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

2026:BHC-AUG:15005-DB


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                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                         CRIMINAL APPLICATION NO. 3371 OF 2024
                             1. PRIYANKA W/O SURESH JADHAV
                                   2. RAHUL S/O. RAJU GARAD
                               3. RAJU S/O. SAKHARAM GARAD
                                  4. SUMAN W/O. RAJU GARAD
                                  5. SANJAY S/O. RAJU GARAD
                                            VERSUS
                               1. THE STATE OF MAHARASHTRA
                                  2. MIRA W/O. SANJAY GARAD
                                                ...
                          Advocate for Applicants : Mr. Mahesh P. Kale
                           APP for Respondent No. 1 : Mr. V.S. Badakh
                   Advocate for Respondent No. 2 : Mr. Adkine Sonaji Kundlikrao
                                               …

                                                  CORAM : RAJNISH R. VYAS, J.
                                                  DATE : 08TH APRIL, 2026

              PER COURT :

              1.           This is an application for quashment of First Information

              Report, consequent filing of final report, order taking cognizance by the

              Jurisdictional Magistrate.


              2.           The FIR no. 152/2024, dated 09.07.2024, was registered

              with Chudawa Police Station, District Parbhani, for commission of

              offences punishable under Sections 498-A, 323, 506, 504, 34 of the

              Indian Penal Code. In all five accused are named in the FIR. Accused no.

              5 is husband of non-applicant no. 2/informant.
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3.           At the outset, learned counsel for the applicants submits, on

instructions, that he will not press application as regards husband who is

applicant no. 5. Thus, the application as regards applicant no. 5/husband

stands disposed of as withdrawn.


4.           Challenging registration of FIR then at the behest of

applicant nos. 1 to 4, who are sister-in-law, brother-in-law, father-in-law

and mother-in-law, respectively. Learned counsel for the applicants

submitted that even if the allegations made in the FIR and final report are

taken to be true, no man of ordinary prudence would arrive at the

conclusion that the applicants have committed any offence, much less the

offences registered and, therefore, the criminal prosecution against them

is liable to be quashed and set aside.


5.           Per contra, learned counsel for informant has submitted that

since the charge-sheet is filed, the applicants can always take recourse to

the discharge or face the trial. Learned APP has also supported the stand

taken by learned counsel for the informant and has contended that powers

under Section 482 of the Code of Criminal Procedure, are required to be

exercised in exceptional situation.


6.           With the help of respective counsels, I have gone through
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the record of the case and given thoughtful consideration to the

arguments advanced.


7.          The FIR dated 09.07.2024, was lodged by informant Mira

Garad, who has alleged that her marriage was performed on 29.12.2016,

with Sanjay Garad. Non-applicant no. 2 has a five years old daughter

born out of wedlock. Non applicant no. 2 was treated properly by the

husband and in-laws for one year, but thereafter, the in-laws started

demanding the amount of Rs. 50,000/- for purchasing a vehicle, and on

that count, they used to mentally and physically harass her. On

06.12.2018, non-applicant no. 2, therefore, lodged the complaint with

Police Station Chudawa, but thereafter in January 2019, due to

intervention of the cousin brother of applicant, a meeting was arranged

and compromise took place. Non-applicant no. 2 then started cohabiting

with the accused persons.


8.          It was alleged in the FIR that non-applicant no. 2 thereafter,

was treated properly till the month of April 2021, but husband used to

quarrel with non-applicant no. 2, frequently. Few months after, the

present applicants again demanded amount of Rs. 5 Lakhs for

construction of the house and abused, assaulted so also subjected her to

mental and physical harassment. Non-applicant no. 2 then narrated the
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incident to her parents and brother who showed their inability to pay the

amount. The parents of non-applicant no. 2 then tried to convince the

applicants but it did not yield any fruit. On 01.08.2021, the applicants

again asked her to bring the amount from parents and threatened that in

case, same is not done second marriage would be performed by her

husband. She was then subjected to abuses and assault by means of fists

and blows. She was also driven out of the house.


9.           The final incident dated 01.08.2021, triggered registration of

FIR dated 09.07.2024. It is necessary to mention here that even according

to the case of the complainant, she was driven out on 01.08.2021, but the

report is lodged on 09.07.2024, after substantial period. Though, delay in

all cases will not go to the root of the matters but in the peculiar facts and

circumstances, some plausible explanation could have been brought on

record by non-applicant no. 2 for lodging FIR. The said additional factor

goes in favour of the applicants.


10.          Coming to the averments made in the FIR, so also

statements of parents of non-applicant no. 2 and other witnesses recorded

during the course of investigation, suffice it to say that what has been

alleged against the present applicants is that all the applicants have

initially demanded an amount of Rs. 50,000/- for the purchase of a motor
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cycle and a further amount of Rs. 5 Lakhs for the construction of a house.

These two demands are bereft of further specific details regarding time

period. The vague and omnibus statement is made that all the applicants

have demanded the amount and then abused and assaulted her. It is well

settled principle of law that omnibus and general allegations against in-

laws would not be enough to constitute offence under Section 498-A of

the Indian Penal Code.


11.          Neither the First Information Report nor the material

collected during the course of investigation, shows the prima facie case

against the present applicants. The generalized statement would not be

enough to constitute a prima facie case against the accused persons. As

far as the allegations made against accused no. 5/husband is concerned,

since he has already withdrawn his application, commenting anything on

his role would not be necessary.


12.          It is the contention of learned counsel for non-applicant no.

2 and learned APP that while recourse can be taken to Section 239 of the

Cr.P.C., it can be stated that the powers under Section 482 of the Cr.P.C.

can also be exercised for doing complete justice. As there is no prima

facie material available against the applicants, failure to exercise inherent

powers under Section 482 Cr.P.C. would result in a failure of justice.
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13.          In the aforesaid background, continuation of criminal

prosecution against the applicants would not be in the interest of justice.

Therefore, the following order is passed :

                                 ORDER

      i.     Criminal Application is partly allowed.


      ii.    The FIR no. 152/2024, dated 09.07.2024, was registered

      with Chudawa Police Station, District Parbhani, for commission of

      offences punishable under Sections 498-A, 323, 506, 504, 34 of the

      Indian Penal Code as well as Charge-sheet No. 146/2024 bearing

      R.C.C. No. 169/2024, pending before the Judicial Magistrate First

      Class, Purna, and Order dated 25.09.2024, below Exhibit-1 issuing

      process, so far as present applicants are quashed and set aside.


      iii.   Criminal Application is disposed of.




                                               ( RAJNISH R. VYAS, J. )




SPC