WASIM BASHIR PATHAN AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

2026:BHC-AUG:24515-DB

                                                                     Cri. Appln. 514/2023
                                                    1

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                             22 CRIMINAL APPLICATION NO. 514 OF 2023

                                WASIM BASHIR PATHAN AND OTHERS
                                              VERSUS
                             THE STATE OF MAHARASHTRA AND ANOTHER
                                                  ...
                          Advocate for Applicants : Mr. Shaikh Kayyum Najir
                               APP for Respondent/State : Mr. N.D. Raje
                Advocate for Respondent 2 : Mr. A.S. Usmanpurkar (Through Legal Aid)
                                                  ...

                                   CORAM         : NEERAJ P. DHOTE, J.
                                   Dated         : June 22, 2026

              PER COURT :-

              1.    This is an application under section 482 of Criminal Procedure Code

              1973 for quashing F.I.R. No. 0306/2022 registered with Gangapur Police

              Station for the offence punishable under sections 498-A, 494, 323, 504,

              506 r/w. 34 of Indian Penal Code 1860 and consequential chargehseet

              bearing R.C.C. No. 362/2023 pending before the Judicial Magistrate, First

              Class, Gangapur.

              2.    The aforesaid crime is registered on the report lodged by respondent

              No. 2 who is the wife of applicant No. 1, daughter-in-law of applicant Nos.

              2 and 3. Applicant No. 5 is the sister-in-law and applicant No. 4 is the son

              of the elder sister-in-law of the informant.

              3.    According to the prosecution, the informant married to applicant No.

              1, husband on 9.9.1918. For a period of one year she was treated properly.

              Thereafter she was harassed by the applicants by saying that she was not

              knowing the household work and her father gave only Rs. 1,50,000/- as a

              dowry and remaining Rs.50,000/- were not paid. The informant’s father

              financially helped the husband to open the spare part shop. The shop could
                                                       Cri. Appln. 514/2023
                                      2

not function profitably and was closed down. Thereafter the mother-in-law,

sister-in-law were asking the informant to bring Rs.3,00,000/- from her

parents to construct the house. The husband contracted second marriage

on 25th August 2021. The informant was driven out of the house.

4.    Heard the learned advocate for the applicants, the learned APP for

the State and the learned advocate for respondent No. 2. With their

assistance perused the papers on record.

5.    The learned advocate for the applicants, on instruction, seeks leave

to withdraw the application to the extent of applicant Nos. 1 to 3 i.e.

husband, father-in-law and mother-in-law. He submits that applicant Nos.

4 and 5 were residing separately and vague and general allegations are

made against them. He submits that asking the applicant Nos. 4 and 5 to

face the trial would amount to abuse of process of law and therefore, the

application be allowed to their extent.

6.    The learned advocate for respondent No. 2 submits that, allegations

are made against all the applicants in the F.I.R. He fairly submits that

applicant Nos. 4 and 5 are residing separately.

7.    The learned APP submits that appropriate orders be passed.

8.    There is no dispute that applicant Nos. 4 and 5 are residing

separately. Applicant No. 5 is the married sister-in-law and applicant No. 4

is the son of elder sister-in-law of the informant. Allegations against

applicant Nos. 4 and 5 are general and omnibus in nature. There are no

specific allegation against applicant Nos. 4 and 5. Needless to state that in

the catena of decisions, the constitutional courts have observed that

tendency to rope-in all the relatives of the husband in matrimonial disputes

is increasing. Considering the omnibus, general and vague allegations
                                                        Cri. Appln. 514/2023
                                         3

against applicant Nos. 4 and 5, in my considered view, making them to

face the trial would amount to abuse of process of law. Hence, the

following order.

                                  ORDER

(1)    The application to the extent of applicant No. 1 – Wasim Bashir

Pathan, husband, applicant No. 2 – Abedabi Bashir Pathan, mother in law

and applicant No. 3 – Bashir Ismail Pathan, father-in-law is disposed of as

withdrawn.

(2)    The application is allowed in terms of prayer clause B to the extent

of applicant No. 4 – Sahil Salim Pathan, son of elder sister-in-law and

applicant No. 5 – Taslim Juned Sayyed, sister-in-law.

(3)    Fees of the advocate for respondent No. 2 is quantified as

Rs.15,000/- to be paid by the High Court Legal Services Sub-Committee,

Aurangabad.

(4)    The application is disposed of.



                                                   ( NEERAJ P. DHOTE, J. )




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