2025:BHC-AUG:25140-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO.3185 OF 2024

1. Smt. Chabutai Krishnarao Ahire,

Age: 73 years, Occ: Nil

R/o. 206-3007 Group No.8–B

Tagore Nagar, Vikhroli (E)

Dist. : Mumbai- 400083.

2. Salil Krishna Ahire,

Age: 52 years, Occ: Service,

206-3007 Group No.8–B , Tagore Nagar, Vikhroli (E)

Dist. : Mumbai – 400083. … Applicants

Versus

1. State of Maharashtra

At the instance of,

Cantonment (Chawni) Police Station,

Aurangabad City.

2. Durgadevi @ Snehal Sunil Ahire

Age: 45 years, Occ: Household

R/o. At present

Bhimsandesh Society,

Plot no .113 Ganesh Nagar, Padegaon,

Chatrapti Sambaji Nagar,

Dist.Chatrapati Sambaji Nagar … Respondents

......

Mr. Dhairyasheel Sutar, Advocate (Through Online), h/f Mr. S.R.

Dheple, Advocate for Applicant

Mr. Abhijeet M. Phule, APP for Respondent No.1 – State

Mr. Sanket S. Palnitkar, Advocate for Respondent No.2

......

CORAM : SMT. VIBHA KANKANWADI AND

HITEN S. VENEGAVKAR, JJ.

DATE : 10 SEPTEMBER, 2025

JUDGMENT [Per Hiten S. Venegavkar]:-

1. At the outset, the learned Advocate for the applicants tendered across the Bar a copy of the death certificate dated 01.07.2025 and submitted that Applicant No.1, Smt. Chhabubai Krushnarao Ahire, expired on 23.06.2025. It is therefore submitted that the proceedings in respect of the offences alleged against her under Sections 85, 86, 115(2), 352, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as “BNS”), stand abated. The death certificate dated 01.07.2025 is taken on record and marked as Exhibit ‘X’ for the purposes of identification

2. Present application thus stands abated in respect of applicant No.1 Chhabubai Krishnarao Ahire. Application to proceed against applicant No.2 Salil Krishna Ahire.

3. Rule. Rule made returnable forthwith with the consent of parties and the matte is taken up for final disposal at admission stage itself.

4. The present application is filled under section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as “BNSS”), seeking quashing of first information report (FIR) bearing Crime No.342 of 2024 dated 03.07. 2024 registered with Chawni Police Station, Chh Sambhajinagar for offences punishable under Sections 85, 86, 115(2), 352, 351(2), 351(3), 3(5) of BNS 2023.

Facts of the case can be summarised as under:-

5. Respondent No.2, who is the original informant, namely Sau. Durgadevi @ Snehal Sunil Ahire, approached Chhavani Police Station, Chhatrapati Sambhajinagar, on 03.07.2024 had lodged a complaint stating that her marriage with one Sunil Krushnarao Ahire was solemnized on 05.11.2006 as per the prevailing customs and rituals. In the said marriage and also during engagement, the informant alleged that, her parents have gifted certain gold ornaments to the husband and in-laws amounting to One Lakh Rupees along with certain articles for domestic use. Initially for three months, the informant was treated properly, but thereafter, she has alleged that, her mother-in-law (deceased applicant No.1) husband and brother-in-law i.e. present applicant No.2 and one Sanjeev Ahire had started torturing her by demanding household furniture prepared of teakwood. The informant refused to satisfy the said demand as her parents are poor and they are not in a financial position to satisfy the demand. She alleged that, due to this she was subjected to continuous torture and harassment at the hands of the accused persons. She also alleged that her in-laws used to exaggerate certain situations in front of her husband due to which the husband used to physically and verbally abuse and assaulted her by stick, belt, kicks and blows. On 07.08.2009, she delivered a baby boy. She had complained about the physical and mental harassment to her parents and brother and in spite of them requesting the accused persons to treat the informant properly, there was absolutely no improvement. She further alleged that she came to know that her husband was previously married and when confro