NEELIMA MAHENDRA CHAVAN AND ORS.versusSTATE OF MAHARASHTRA

                   Supriya                                                           WP-2117-2022.doc
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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION
SUPRIYA
PRAMOD
JAWARE
                                         WRIT PETITION NO. 2117 OF 2022
Digitally signed
by SUPRIYA
PRAMOD
JAWARE
Date: 2026.09.22
17:45:18 +0530
                   1. Mrs. Neelima Mahendra Chavan
                      Age : 38 years, Occ : Medical Practitioner,
                      R/at : Somatane, Tal. Maval,
                      Talegaon-Dabhade,
                      Pimpri-Chinchwad, Pune.

                   2. Mr. Bhushan Ramesh Sonawane
                      Age : 32 years, Occ : Medical Practitioner,
                      R/at : Kirti Nagar, Dharmveer Sambhaji
                      Bank, Navi Sanghavi,
                      Talegaon-Dabhade,
                      Pimpri-Chinchwad, Pune

                   3. Mrs. Madhuri Ravikumar Bhashkar
                      Age : 36 years, Occ : Medical Practitioner,
                      R/at : Daffodils Society, Somatane
                      Tal. Maval, Dist : Pune

                   4. Mr. Ravikumar Bhashkar
                      Age : 38 years, Occ : Medical Practitioner,
                      R/at : Daffodils Society, Somatane
                      Tal. Maval, Dist. Pune
                                                                            … Petitioners
                                                                    (Original Accused Nos. 1 to 4)
                               V/s.

                   1. The State of Maharashtra
                      (Police Inspector, Talegaon-Dabhade
                       Police Station, Pune)

                   2. Mr. Mahindra Bhivsan Chavan
                      Age : 39 years, Occ : Doctor,
                      R/at: Flat No. 302, C Building,
                      Daefoddils Society, Shivgaon Road,
                      Somatane, Tal. Maval, Dist. Pune.
                                                                           … Respondents
                                              ______________________


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Mr. Vikas Shivarkar for the Petitioners.
Mrs. Megha Bajoria, A.P.P. for Respondent -State.
Mrs. Pranali Kakade i/by Hulyalkar for Respondent No.2.
Ms. Uma Gawade, API, Talegaon Dabhade is present.
                            ______________________
                           CORAM : RANJITSINHA RAJA BHONSALE, J.
                   RESERVED ON : 13th JULY 2026
               PRONOUNCED ON : 22nd SEPTEMBER 2026
JUDGMENT :-

1)          By the present Petition, under Article 226 of the Constitution of

India and Section 482 of Code of Criminal Procedure, 1973 (for short,

“CrPC”) (now Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023),

the Petitioners/Original Accused Nos.1 to 4 seek to quash and set aside the

C.R. No. 360 of 2020 dated 28 th May 2020 registered with Talegaon Dabhade

Police Station, Pune, under sections 143, 147, 323, 325, 504, 506 read with

34 of the Indian Penal Code (for short, “IPC”). The Petitioners in the

alternative have prayed that, section 143, 147 and section 325 of the IPC be

deleted from the chargesheet filed in respect of C.R. No. 360 of 2020. The

complaint has been filed by Respondent No.2, a Medical Practitioner.

Respondent No.2 is the husband of Petitioner No.1 and brother-in-law of

Petitioner Nos. 2 and 3. Petitioner No.4 is the co-brother of Respondent No.2.

2)          Heard Mr. Vikas Shivarkar for the Petitioners, Mrs. Megha Bajoria,

A.P.P for Respondent-State. Mrs. Pranali Kakade for Respondent No.2.

3)          The case of the prosecution as alleged is as follows :-



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3.1)        Respondent No.2 along with his father Mr. Bhivsan Mangalu

Chavan and Mother Mrs. Vatsalabai, are residing in a joint family. That,

Respondent No.2 has a Pediatric Hospital by the name of Sai Jeevan Hospital

at Shirgaon Road, Somatane, Maval, Dist. Pune. Due to certain matrimonial

differences and disputes, Respondent No.2 and Petitioner No.1 (his wife) are

residing separately since November 2019. That, the children i.e., daughter

Ahana and son Vivan are residing with Petitioner No.1. That, Respondent No.2

is staying in a rented premises. That, Sai Jeevan Hospital is in the joint names

of Respondent No.2 and Petitioner No.1.

3.2)        On 27th May 2020, at around 3.30 p.m., in the afternoon,

Respondent No.2 and his driver Vijay Sonawane and Pharmacist Ravi Kuthe

were present in the hospital. The Petitioner No.1 called Respondent No.2

outside the hospital, where Petitioner Nos. 2 to 4 were present there along

with one unknown person. They had arrived at the hospital in a Mercedes Car

No. MH-14-7929. That, Respondent No.2 was assaulted by Petitioners and by

the unknown person. Petitioner No.3 also assaulted Respondent No.2.

Respondent No.2 was beaten by kick and fist blows. The said assault was

stopped by Pravin Murhe, Rakesh Murhe and watchmen Mahadev Narayan

Mitkar. The Petitioners abused Ravi Kuthe and Vijay Sonavane and threatened

to kill Respondent No.2. After the said assault and quarrel, the Petitioners left

the place. That, Respondent No.2 took treatment at his hospital and then filed

the complaint on 28th May 2020. The supplementary statement of Respondent


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No.2 was recorded on the same day i.e. 28 th May 2020. On this basis, the FIR

came to be filed.

4)           Mr. Vikas Shivarkar, learned Advocate appearing for the

Petitioners submits that :-

4.1)         The Petitioners had not committed any offence and they have

been falsely implicated. Respondent No.2 and Petitioner No.1 have certain

matrimonial disputes and differences. The present FIR is an off shoot of the

said matrimonial dispute. The father of Petitioner No.1 Dr. Ramesh Kisanrao

Sonawane, a Senior Gynecologist, had founded and built the hospital and

gifted the same to Petitioner No.1 and Respondent No.2. That, there is a

dispute between the parties in respect of the control of the said hospital.

4.2)         Even if the case of the prosecution taken as it is, the fact remains

that no 5th person is involved in the present case. In the entire investigation,

no attempt has been made by the Investigating Authority to trace out the 5 th

unknown person. Considering the background of the disputes and issues

between Respondent No.2 and Petitioner No.1, it is clear that Sections 143

and 147 of the IPC are not applicable to the present case.

4.3)         The Respondent No.2, in the past, had a small road accident in

which the bone of his nose was already fractured. It is possible that, the

previous fracture of the nose of Respondent No.2 had opened in the alleged

scuffle. Therefore, no offence under Section 325 of the IPC can be made out.

4.4)         Considering the overall facts of the case, statement of Respondent


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No. 2 and the fact that, the 5th unknown person is not traceable, sections 143,

147 and 325 of the IPC cannot be invoked. If the sections are deleted from the

present chargesheet, only sections 323, 504 and 506 of the IPC remain which

would render the present case as a non-cognizable complaint.

5)           Mrs. Megha Bajoria, learned APP appearing for the Respondent-

State submits that, a prima facie case has been made out against the

Petitioners. There is a corroboration of the facts and incident in the form of an

injury certificate and witness statements. The offences as alleged in the FIR

have been clearly made out against the Petitioners.

6)           Mrs. Pranali Kakade, learned Advocate appearing for the

Respondent No.2. submits that :-

6.1)         A clear prima facie case for the offence as alleged has been made

out. There were 5 persons in the car. There are statements of eye witnesses

which have been recorded and form part of the chargesheet. There is an injury

certificate which clearly shows that, Respondent No.2 was assaulted and that,

he suffered a grievous injury inasmuch as the nose of Respondent No.2 was

fractured. That, the chargesheet has been filed. There is enough material so as

to indicate that, the incident took place and to implicate the Petitioners.

7)           Perused the entire record. The offence is in respect of an incident

which took place outside the hospital in the presence of Mr. Vijay Sonawane

and Mr. Ravi Kuthe. Respondent No.2 has made specific allegations of assault

against the Petitioners. Perusal of the statements of the witnesses prima facie


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corroborates the version of Respondent No.2. Perusal of the Medical

Certificate indicates that, Respondent No.2 has received simple as well as

grievous injuries. The Respondent No.2 has suffered a fracture.

8)           Prima facie there is enough material on record to make out the

offence against the Petitioners. In the facts of the present case, it cannot be

said that no case is made out against the Petitioners. In fact, I find that there is

material on record in the form of statements of witnesses which prima facie

implicate Petitioners in the said offence. In my considered view, what the

Petitioners have raised are all their defences which have to be tried and tested

in the trial. The Court while exercising the jurisdiction and power under

Section 482 of the CrPC cannot consider the defences or minutely evaluate the

evidence.

9)           It is settled law that in proceedings under Section 482 of the

CrPC, this Court is not required to conduct a mini trial or get into the nitty-

gritties of the evidence. What the Petitioners raised are all their defences. This

Court while exercising jurisdiction under Section 482 of the CrPC cannot enter

into the arena of evidence or minutely scrutinize the evidence on record. A

useful reference may be made to the Judgment of the Hon’ble Supreme Court

in the case of Central Bureau of Investigation vs. Aryan Singh reported in

(2023) 18 SCC 399 wherein the Hon’ble Supreme Court has categorically

held that while considering the Application under Section 482 of the CrPC,

the Court cannot conduct a mini trial.


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10)          The Hon’ble Supreme Court in the case Manik B. V/s. Kadapala

Sreyes Reddy & Anr., reported in 2023 SCC OnLine 2540 has held that, the

Court would exercise its power to quash a proceeding under Section 482 of

the CrPC only if it finds that, taking the case at its face value, no case is at all

made out. Considering the scope and ambit of Section 482 of the CrPC and

the facts of the present case, it would not be permissible for this Court to go

into the correctness or otherwise of the material placed by the prosecution in

a chargesheet. The submissions advanced on behalf of the Petitioners across

the bar are all, in fact, the defences of the Petitioners.

11)          In my considered opinion, the facts of the case do not make out a

cause to exercise the inherent jurisdiction of the Court under Section 482 of

the CrPC. In my opinion, the allegations in the FIR make out a prima facie

case against the Petitioners. The Petitioners have the liberty to raise their

defences at the trial during the cross examination or by examining their own

defence witnesses.

12)          In view of the aforesaid facts and circumstances and after

considering the law as enunciated by the Hon’ble Supreme Court, I am of the

opinion that, the Petitioners have not made out any case for exercising the

powers under Section 482 of the CrPC.

13)          In view thereof, the Petition is dismissed.



                                         (RANJITSINHA RAJA BHONSALE, J.)


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