51-APPLN-1413-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO.1413 OF 2022

PAYAL W/O ANIL VIGHNE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

. . .

Advocate for Applicant : Mr. Rajendra B. Dhakane

APP for Respondent No.1– State : Mr. S. D. Ghayal

Advocate for Respondent No.2 : Mr. Bibhishan R. Jaybhay

. . .

CORAM : MANGESH S. PATIL AND

ABHAY S. WAGHWASE, JJ.

DATED : 09 NOVEMBER 2022

PER COURT :

Sister-in-law of respondent No.2-Ashwini Ugale (complainant

herein) has pressed into service instant application praying to quash crime

bearing No.583 of 2019 registered with MIDC Waluj Police Station,

Aurangabad (City), dated 20.08.2019 for the offences punishable under

sections 498-A, 323, 504, 506 read with 34 of Indian Penal Code and for

quashing consequential proceeding bearing R.C.C. No.307 of 2020.

2.

Taking us through the FIR filed by the respondent No.2, learned

advocate for the applicant strenuously submits that the applicant herein is

falsely implicated. He emphasizes that she is married sister of husband of

1/6

51-APPLN-1413-2022.odt

respondent No.2 and moreover, she resides at Delhi and rarely visits Mangarul,

Taluka Shevgaon, District Ahmednagar. She is happily cohabiting with her

husband and in-laws. That, she had no concern whatsoever with the alleged

matrimonial discord between respondent No.2 and her husband, i.e. brother of

applicant. It is pointed out that indiscriminate allegations are levelled against

her entire family, i.e. her brother and parents-in-law alleging demand of

Rs.25,000/-. That, she has levelled vague allegations about maltreatment

being meted out to her without specifying the instances. That, present

applicant, in spite of not being part of family now, is also implicated in the

crime with ulterior motive with sole intention of roping the entire family. He

has also pointed out that multiple proceedings are lodged by respondent no.2

with sole intention of harassing husband and his relatives. For all above

reasons, he seeks relief as sought in the prayer clause.

3.

Learned APP appearing on behalf of State would point out that

applicant is named in the FIR and she is party to the alleged ill-treatment

meted out to the respondent no.2. According to him, under such

circumstances, it would not be just and proper to consider or grant the relief

sought by the applicant.

4.

Learned advocate for respondent No.2 also resists the application

pointing out that present applicant, along with her brother and parents, ill-

2/6

51-APPLN-1413-2022.odt

treated her. They put up demand of money and when the same was not met,

she was subjected to both, physical and mental cruelty. So he too prays for

dismissing the application.

5.

We have considered the application, examined the FIR and heard

each side.

It seems that present respondent No.2 was married to Sachin

Prabhakar Ugale, who undisputedly is brother of present applicant. According

to respondent No.2, for 8 months after marriage, she was treated properly.

Subsequently, she was abused, beaten and kept starved. In the FIR dated

20.08.2019 she has alleged that her husband, parents-in-law and present

applicant (sister-in-law) put up a demand of Rs.25,000/- for purchase of a

mobile and Rs.5,00,000/- for construction of a house. When she expressed her

inability to raise the amount and meet the demand, it is alleged that she was

beaten, abused and even threatened to be killed. That, she was confined in the

house and was asked to remain ex-communicated from her parents.

Therefore, she lodged above complaint.

6.

Undisputedly, present applicant is arraigned as accused No.4 in

the above complaint in the capacity of sister-in-law. She, in her application,

has categorically stated that, she is married and residing with her husband at

3/6

51-APPLN-1413-2022.odt

Delhi and only sometimes she visits her matrimonial house at Mangarul. This

aspect has not been refuted by ot