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Bombay High Court

CHANDRASHEKHAR SHALIGRAM CHAUDHARI AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
DISPOSED OFF

Holding

The Court quashed the FIR against the father‑in‑law, mother‑in‑law, sister‑in‑law and brother‑in‑law due to vague allegations and unexplained delay, but allowed the trial against the husband to proceed.

Summary

The State filed an FIR in 2022 alleging dowry harassment, assault, and intimidation under sections 498‑A, 323, 504, 506 and 34 IPC against a husband, his parents, sister‑in‑law and brother‑in‑law, based on a complaint by the wife. The accused filed a criminal application seeking quash of the FIR, arguing that the allegations were vague, the FIR was lodged after an unexplained delay (the alleged abuse began in 2018), and that the case was being used to pressure them. The State contended that an independent witness corroborated the complainant’s version and that the matter should be tried. The Court examined the delay, the lack of specific details in both the FIR and the witness statement, and held that the prosecution against the father‑in‑law, mother‑in‑law, sister‑in‑law and brother‑in‑law could not be sustained. Accordingly, the application was partly allowed: the petition was withdrawn for the husband, the FIR was quashed for the other four accused, but the trial against the husband was ordered to continue.

Issues considered

  • Whether the FIR and subsequent prosecution can be quashed on the ground of undue delay and vague, non‑specific allegations.
  • Whether the presence of an independent witness’s statement, though vague, suffices to sustain the prosecution.
  • Whether the Court may exercise its powers under Section 482 CrPC to dismiss charges against co‑accused in the interest of justice.

Legislation cited

Subjects

  • dowry harassment
  • section 498-A
  • quash of FIR
  • delay in prosecution
  • Section 482 CrPC
  • domestic violence
  • Indian Penal Code
  • criminal procedure

Judgment

2026:BHC-AUG:15156-DB
                                                                          928-APPLN-4400-23.odt



                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                          CRIMINAL APPLICATION NO. 4400 OF 2023

          1. Chandrashekhar Shaligram Chaudhari         (Husband)
             Age: 42 Years, Occu: Agra.

          2. Shaligram Gambhir Chaudhari                (Father in Law)
             Age: 67 Years, Occu: Agril.

          3. Suman Shaligram Chaudhari                  (Mother in Law)
             Age: 65 Years, Occu: Household,

             All R/o. Raypur, TaI. Raver,
             Dist. Jalgaon

          4. Swati Rupesh Patil                         (Sister in Law)
             Age: 31 Years, Occu: Service

          5. Rupesh Prakash Patil                       (Husband of Sister in Law)
             Age: 34 Years, Occu: Service

             Both R/o. Flat No.7-A, Second Floor,
             Shrikrishna Icon. Ravet, Pune.                         ..APPLICANT

                VERSUS

          1. The State of Maharashtra
             Through its Muktainagar, Police Station,
             Tal. Muktainagar, Dist. Jalgaon.

          2. Vasundhara Chandrashekhar Chaudhari
             Age: 33 Years, Occu: Household,
             R/o. At present Uchanda, Tal. Muktainagar,
             Dist. Jalgaon.                                         ..RESPONDENTS

                                                 ....
          Mr. V.B. Patil, Advocate for applicants
          Mr. S.N. Morampalle, A.P.P. for respondent no.1 - State
                                                 ....

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

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PER COURT :

.          This is an application at the instance of all the accused, challenging

the registration of F.I.R., final report, order taking cognizance and the

proceedings. The F.I.R. No.373/2022 dated 18th November, 2022 was

registered with Muktainagar Police Station, Dist.Jalgaon for offences

punishable under section 498-A, 323, 504, 506 and 34 of the Indian Penal

Code at the behest of Respondent No.2..



2.         At the outset, learned counsel for the applicants, on instructions,

states that he will not press the application for Applicant No.1 / husband and

be permitted to withdraw the same.



3.         Criminal application as regards Applicant No.1 / Chandrashekhar

Shaligram Chaudhari is disposed of as withdrawn.



4.         Challenging the F.I.R. and consequent initiation of prosecution,

learned counsel for the applicants has contended that remaining applicants

are father-in-law, mother-in-law, sister-in-law and husband of sister-in-law of

Respondent No.2 / informant respectively, against whom only vague and

general allegations are made by Respondent No.2.             He submitted that

considering the fact that there is delay in lodging the F.I.R. and prior to filing

of same several proceedings were initiated, it can be said that criminal law


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was set in motion not to punish the guilt but to pressurize the applicants. He,

therefore, prayed for allowing the application.



5.         Per contra, learned A.P.P. submitted that there is statement of

independent witness, who supports the version advanced by Respondent

No.2, and therefore, credibility of the said witness can only be tested during

the course of trial. He requested that commenting anything on the version of

the independent witness would amount to conducting mini trial, which is not

at all permissible. He, therefore, prayed for rejection of the application.



6.         None appeared for Respondent No.2, though served.



7.         With the help of respective counsels, I have gone through the

record of the case and have given my thoughtful consideration to the

arguments advanced.



8.         The F.I.R. is lodged at the behest of Respondent No.2, who has

alleged that on 01st January, 2011 her marriage was solemnized with Accused

No.1 as per rites and ceremonies. Her parents had given streedhan in the

form of Rs.7 lakhs cash and 20 tola gold. She has stated that after marriage,

she started residing with the accused persons. Respondent No.2 was blessed

with a child.


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9.         According to the F.I.R., initially for six months she was treated

properly, but thereafter on trifle reasons, in-laws used to pass comment by

saying that she does not know how to work and they could have secured more

dowry. When the informant had narrated the said incident to her parents and

brother, they asked her to keep patience.      Respondent No.2, therefore,

ignored the aforesaid incidence.



10.        On 18th February, 2022 when the child was born, Respondent No.2

thought that accused persons would mend their ways, but it did not happen.

All the accused persons by sitting together used to discuss and direct

Respondent No.2 to perform various works at the same time. They also used

to pass comment that the informant is slow at work and does not know how

to complete the work. On that count she was subjected to mental harassment.



11.        It was also alleged in the F.I.R. that the accused persons used to

ask Respondent No.2 to call her parents and bring amount of Rs.25 lakhs for

purchasing agricultural field. Again Respondent No.2 informed the aforesaid

fact to her parents, who ignored it by advancing the reason that accused

persons might not be serious about it. Respondent No.2 was further advised

by her parents to live life with compromising attitude. She further alleged

that on trifle reasons, on different occasions, quarrels took place between

them.


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12.        According to the F.I.R. on 27th September, 2018 she was driven out

of the house by the accused persons and in spite of it accused persons used to

visit the house of parents of Respondent No.2 and abuse her and demand

custody of the child.



13.        Respondent No.2 / informant alleged that on 30 th October, 2022

when she was at her parent’s house, a meeting was arranged for settling the

matter, at which time the husband, mother-in-law and father-in-law told that

they would not permit Respondent No.2 to cohabit and had threatened that

custody of the child would be taken forcibly.         When Respondent No.2

demanded the original documents pertaining to her education and gold

ornaments of 20 tola, she was abused by her husband. The father-in-law and

mother-in-law had specifically told her that they would not permit her to

reside and also demanded Rs.25 lakhs for purchasing agricultural field. It

was alleged that accused persons not only demanded custody of the child, but

had also asked Respondent No.2 to agree for divorce. It was also alleged that

on one occasion, the husband of Respondent No.2 tried to take forcible

custody of the child, but since alarm was raised and due to intervention of

one Kishor Chintaman Patil, the matter was settled. The accused persons had

threatened Respondent No.2 and her brother to kill.



14.        It is in this background, the criminal law was set in motion and

investigation was carried out, which resulted into filing of final report. As

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pointed out by learned counsel for the applicants, Respondent No.2 has filed

proceeding under the Protection of Women from Domestic Violence Act,

bearing No. 18 of 2019 before the jurisdictional Court. Respondent No.2 has

also filed proceeding under Section 125 of Code of Criminal Procedure i.e.

Miscellaneous Criminal Application No. 8 of 2022 before the jurisdictional

Magistrate. He brought to my notice the fact that even divorce proceeding

bearing no. 137 of 2022 dated 29th March, 2022 was filed by Respondent

No.2 against the husband before the competent Court of law. Finally he

submitted that even the proceedings in the year 2023 under Hindu Adoption

and Maintenance Act praying for maintenance was also filed against the

husband by the wife. According to him, if the aforesaid events are taken into

consideration in the light of the fact that the F.I.R. was lodged on 18 th

November, 2022, whereas Respondent No.2 is residing separately since 27 th

September, 2018, it would be clear that criminal law was misused.



15.        There is a prima facie strength in the argument made by learned

counsel for the applicants. It is on 27 th September, 2018 Respondent No.2

was driven out of the house, whereas the F.I.R. was lodged on 18 th November,

2022. Though delay in all cases would not be fatal for prosecution, but the

fact remains that delay is unexplained and in between the said period various

proceedings are filed by the wife against the husband. It is thus necessary to

consider the delay in the aforesaid background and in the light of allegations


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made in the final report. Perusal of the allegations made in the F.I.R. and

final report would reveal that it is alleged by the informant that present

applicants used to harass her mentally and physically on trifle reasons and

thereafter demanded Rs.25 Lakhs for purchasing agricultural field.              The

material on record clearly shows that the said allegations are bereft of any

specific details regarding time, period, etc. General and omnibus allegations

would not be enough to attract the ingredients of offences registered.



16.        It is worth noting that the other allegations are against the

husband, whose application is already not pressed by the counsel. Therefore,

commenting anything upon the role played by the husband would not be

necessary since the proceedings are still pending against him.



17.        Contention of learned A.P.P. that there is independent witness,

who corroborate the version of Respondent No.2, and therefore, the

proceedings may not be quashed, cannot be taken into consideration for the

reason that the witness viz. Jitendra Himmatrao More though has stated

about ill-treatment, but fact remains that in the said statement also omnibus,

general and vague allegations are made, so far present applicants are

concerned. His next contention that the quality of statement of said witness

can be tested during the course of trial, suffice it to say that prima facie the

statement of said witness fails to make out any case against the present


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applicants. The powers under Section 482 of Code of Criminal Procedure are

to be exercised in the interest of justice. Allowing the prosecution to proceed

against the present applicants in the aforesaid background would not be in

the interest of justice. In that view of the matter, following order is passed :-

                                     ORDER

           (I)     Criminal application is partly allowed.

           (II)    Criminal application is disposed of as withdrawn so far as
                   Applicant No.1 / Chandrashekhar Shaligram Chaudhari is
                   concerned.

           (III)   Criminal application is allowed in terms of prayer clauses
                   [B], [B-1] and [C-2] qua, Applicant No.2 / Shaligram
                   Gambhir Chaudhari, Applicant No.3 / Suman Shaligram
                   Chaudhari, Applicant No. 4 / Swati Rupesh Patil and
                   Applicant No. 5 / Rupesh Prakash Patil.

           (IV)    Trial be proceeded against Applicant No.1 / Chandrashekhar
                   Shaligram Chaudhari




                                                     ( RAJNISH R. VYAS, J. )
SSD




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