2025:BHC-NAG:4953-DB IN THE HIGH COURT OF JUDICATURE OF BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.550 OF 2023

1. Ajinkya Dilip Raut, aged 32 years, Occ.

Service, R/o Survey no. 84/3/10, Plot No. 7, Lane No. 3, Pawar Wasti, New Dr. Kumar Clinic, Lohgaon Tq. Haveli, District Pune.

... APPLICANT VERSUS

1. State of Maharashtra, through Police Station Officer, Hudkeshwar, Nagpur.

2. Smt. Vaishali Ajinkya Raut, aged : 31 years, Occ. Service, r/o c/o Atul Gaur, Plot No. 56, Hudkeshwar Road, Shyam Nagar, Nagpur – 440 034 … NON-APPLICANT(S).

AND CRIMINAL APPLICATION NO.345 OF 2023

1. Dilip Pandurang Raut, aged 61 years, Occ : Retired

2. Sau. Vanita Dilip Raut, aged 57 years, Occ. Household.

3. Ms. Devshree Dilip Raut, aged 22 years, Occ. Education.

All 1 to 3 are residing at Survey no. 84/3/10, Plot No. 7, Lane no. 3, Pawar Wasti, Lohgaon Tq. Haveli, Dist. Pune.

... APPLICANTS VERSUS

1. State of Maharashtra, through Police Station Officer, Hudekeshwar Nagpur.

2. Smt. Vaishali Ajinkya Raut, aged : 31 years, Occ. Service, r/o c/o Atul Gaur, Plot No. 56, Hudkeshwar Road, Shyam Nagar, Nagpur. – 440 034 … NON-APPLICANT(S).

_____________________________________________________________ Mr Akshay A. Naik, Senior Advocate a/b Mr. Aashish R. Fule, Advocate for the applicants.

Shri Ganesh Umale, Addl.P.P. for the State.

Shri N.R. Fulsunge, Advocate for non-applicant no.2.

______________________________________________________________

CORAM : ANIL S. KILOR AND PRAVIN S. PATIL, JJ .

CLOSED ON : 17.04 . 2025 .

PRONOUNCED ON : 08.05.2025.

ORAL JUDGMENT : (Per : Pravin S. Patil, J.)

Heard.

2. RULE. Rule made returnable forthwith.

3. The matters are taken up for final disposal together as both the matters are arising out of the same crime.

4. In short, the case of the prosecution is that the informant on 14.01.2023 lodged a report to the Police Station Hudkeshwar, Nagpur City alleging that after her marriage accused no. 1 on 28.11.2017 she was mentally and physically harassed by the applicants. It is further alleged that the applicants used to harass her for not doing a job and to earn money for the family. Therefore, she search out the job and asked her husband to purchase one vehicle. However, the husband asked her to get money from her paternal house. Accordingly, she did the same. But her husband always used to take doubt on her and check every day the meter of the vehicle. As such, she was mentally harassed by him.

5. In respect of other applicants it is alleged that they also used to insult her by stating that she does not deserve to co-habit as she unable to conceive pregnancy out of the marriage. The applicants restricted the non-applicant’s entry in the kitchen and behaved with her like an unknown person. The applicants did not give her proper treatment when she was facing medical problems. It is mainly alleged that the applicants used to instigate her husband to take divorce from her and drove out the applicant’s from house. As such, due to their continuous harassment, non-applicant no. 2 has left the company of the applicants on 08.10.2022 and on the basis of these allegations, the aforesaid offence came to be registered against the applicants.

6. The applicants challenging the registration of offence against them by raising a ground that the applicants are innocent persons and trapped by the informant. It is stated by the applicants i.e. father-in-law and mother-in-law that the FIR lodged against them is nothing but a complaint with an ulterior motive to settle her personal score.

7. The applicant, who is the sister-in-law stated that she is residing separately at Mumbai to pursue her education and therefore, she is not at all related with the allegations made against her.

8. The applicants also stated that in the present case, before lodging of police complaint by the non-applicant no. 2, on 15.11.2022 the applicant/husband filed divorce proceedings before the Family Court, Pune. Till date, the said proceedings are pending. It is further stated that proceed