SAKIB SULEMAN SAUDAGAR AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

2026:BHC-AUG:30991


                                                                Application 451 of 2026
                                               -1-

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                          991 CRIMINAL APPLICATION NO. 451 OF 2026

                 1.   Sakib Suleman Saudagar (Husband),
                      Age: 35 years, Occu.: Labourer,
                      R/o. At Post Dhawada, Tq.Bhokardan, Wizora,
                      Jalna.
                      Presently residing at Gut No.5, Flat No.31,
                      Naregaon, Tq. District Aurangabad.

                 2.   Safiyabi Suleman Saudagar (Mother-in-law),
                      Age: 56 years, Occu.: Household,
                      R/o. At Post Dhawada, Tq.Bhokardan, Wizora,
                      Jalna.

                 3.   Suleman Sharif Saudagar (Father-in-law)
                      Age: 78 years, Occu.: Nil,
                      R/o. At Post Mastan Chouk, Dhawada, Ta.
                      Bhokardan, Wizora, Jalna.

                 4.   Aqeeb Suleman Saudagar (Brother-in-law)
                      Age: 30 years, Occu.: Private Job,
                      R/o.At Post Mastan Chouk, Dhawada, Ta.
                      Bhokardan, Wizora, Jalna.

                 5.   Shoeb Suleman Saudagar (Brother-in-law)
                      Age: 28 years, Occu.: Advocate/Lawyer,
                      R/o.At Post Mastan Chouk, Dhawada, Ta.
                      Bhokardan, Wizora, Jalna.               ….Applicants

                                 Versus

                 1.   State of Maharashtra
                      Through Police Inspector,
                      MIDC CIDCO Police Station,
                      Chhatrapati Sambhajinagar.

                 2.   Asma Parveen Sakib Saudagar
                      Age: 32 years, Occu.: Household,
                      R/o. House No.17, Aziz Colony, Naregaon,
                      Chhatrapati Sambhajinagar.               …..Respondents
                                                 Application 451 of 2026
                                  -2-

                                 …..
Mr. Abid R.Shaikh , Advocate for Applicants.
Mrs.Ashlesha S. Deshmukh, APP for Respondent No.1.
Mr.Tushar Chandrakant Shinde h/f. Mr.Sohail Shaikh, Advocate for
Respondent No.2
                                 …..

                        CORAM :         ABHAY S. WAGHWASE, J.

                        Reserved on         : 24-07-2026
                        Pronounced on       : 27-07-2026
ORDER :


1.    In present application, prayers are raised for quashing of Crime

No.0643 of 2025 registered at M.I.D.C. Cidco Police Station, District

Chhatrapati Sambhajinagar, for offence punishable under Sections 85,

115(2), 352, 351(3), 3(5) of the Bharatiya Nyaya Sanhita and

subsequent chargesheet, if any.



2.    Learned counsel for the applicants submitted that, applicant

no.1 is husband, applicant nos.2 and 3 are parents-in-law and

applicant nos.4 and 5 are brothers-in-law of informant/respondent

no.2. That, marriage is of 2020. That, FIR is lodged on 04-11-2025

levelling false allegations of demanding Rs.2,00,000/- for house and

subjecting informant to cruelty. According to learned counsel,

allegations are general, vague and omnibus in nature. That, most of

the allegations are against husband, but entire family is tried to be

roped in. Therefore, according to learned counsel, as it amounts to
                                                        Application 451 of 2026
                                    -3-

abuse of process of law, he raises above prayers.



3.    Learned counsel for informant/respondent no.2 would submit

that he has no objection for quashing of crime, but only against

parents-in-law. According to him, against husband and brothers-in-

law, there are specific allegations.      That, their role is crystallized.

That, there is demand followed by cruelty.



4.    Learned APP also opposes grant of relief on the ground that

there is sufficient material to proceed for trial.



5.    Perused the FIR dated 04-11-2025.              Substance of the FIR is

that, marriage of informant/respondent no.2 was performed with

applicant no.1 Sakib on 03-06-2020.          According to her, she was

treated properly for 3-4 months, but thereafter, her husband, parents-

in-law started taunting her saying that she should bring money from

her father.   That, she was made to wake up at 04:00 a.m. to do

household work and when she woke up late, she was abused by

parents-in-law. That, husband did not provide money for her needs

and expenses. That, she was sent for delivery to her parents’ home

and all expenses of delivery are borne by her parents.              That, she

returned back on 01-01-2022, but that time, she claims that she was
                                                  Application 451 of 2026
                                   -4-

subjected to physical, mental, economical cruelty. According to her,

husband asked her to arrange money for payment of credit card

coupled with threat to give her divorce, if she fail to arrange money.

Then she alleges that, her husband used to asked her to raise money

for purchasing a house and subjected her to physical and mental

cruelty. That, parents-in-law did not allow her to give milk to her son

and when she went to reside separately with husband, he used to stay

out of house on the pretext of meeting at Pune and Mumbai, but

stayed in Aurangabad itself. She stated that, her both brothers-in-law

also used to abuse, take her child with them and did not bring him

back soon. She alleges that, on 08-08-2025, her husband beat her

and when she called her brother, husband and brothers-in-law beat

both of them. Hence, the report.



6.    On carefully going through above FIR, here, main or most of

the allegations are against husband and there are stray allegations

against parents-in- law and brothers-in-law. Informant has reported

physical, mental and economic cruelty without specifying who

indulged in it. It appears that marriage is of 03-06-2020 and after

delivery, she seems to have come to stay back with applicant in

January, 2022 and has levelled general and vague allegations against

all applicants for inflicting physical and mental cruelty. Even episode
                                                          Application 451 of 2026
                                       -5-

of beating to her and her brother is of 08-08-2025, but FIR is of 04-

11-2025 i.e. after almost three months.



7.     Learned counsel for applicants shows his inclination to

withdraw     present     application         to   the   extent   of   applicant

no.1/husband. Therefore, application to his extent is allowed to be

withdrawn.

       However, in the light of material against remaining applicants,

initiation and continuation of proceedings against them with such

allegations does amount to abuse of process of law.                Hence, they

deserve relief as prayed. Accordingly, following order is passed :

                                 ORDER

I.    The application is partly allowed.

II.   FIR No. 0643 of 2025 dated 04-11-2025, registered at M.I.D.C.
      Cidco Police Station,    District Chhatrapati Sambhajinagar for
      offences punishable under Sections 85, 115(2), 352, 351(3),
      3(5) of the Bharatiya Nyaya Sanhita, and the consequential
      proceedings, if any, to the extent of applicant Nos.2, 3, 4 and 5,
      are hereby quashed and set aside.

III. Application to the extent of Applicant No.1/husband is disposed
      of as withdrawn.


                                                  [ABHAY S. WAGHWASE, J.]

SPT