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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

941 CRIMINAL APPLICATION NO. 1867 OF 2020

SATTARSING S/O BONDARYA PAWARA AND OTHERS

VERSUS

STATE OF MAHARASHTRA AND ANOTHER

......

Advocate for Applicants : Mrs. R. L. Jakhade

APP for Respondent No.1-State : Mr. M. M. Nerlikar

Advocate for Respondent No.2 : Mr. Amit S. Salve

…..

CORAM : V. K. JADHAV AND

SHRIKANT D. KULKARNI, JJ.

DATED : 06^th OCTOBER, 2021

PER COURT:-

1.

Learned counsel for the applicants, on instructions, seeks

leave to withdraw the applications of applicant nos. 1 to 3.

2.

Leave granted. The application of applicant nos. 1. Sattarsing

S/o Bondarya Pawara, 2. Bondarya S/o Kalshya Pawara and 3.

Tarakibai W/o Bondarya Pawara is hereby dismissed as withdrawn.

3.

Applicant nos. 4 to 9 are the accused persons in connection

with crime no. 284 of 2020 registered with Dhadgaon Police

Station, District Nandurbar for the offence punishable under

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Sections 498-A, 323, 504, 506 r/w 34 of IPC. During pendency of

this criminal application, charge-sheet has been submitted. The

applicants have thus carried out amendment in the prayer clause

with permission of the Court and prayed for quashing of the

criminal proceedings also.

4.

Learned counsel for the applicants submits that though

names of the applicants are mentioned in the FIR, however, the

allegations as against them are general in nature without

attributing any specific role. Learned counsel submits that applicant

nos. 4, 5 and 7 are the brothers-in-law of respondent no.2.

Applicant nos.4 and 5 are in service. Applicant no.5 is residing at

Nandgaon, Taluka Nandgaon, District Nashik. Applicant No.7

Subhash is Doctor by occupation and he is practicing at Dhule and

resides their along with his family. Learned counsel submits that

applicant nos. 6, 8 and 9 are the married sisters-in-law. They are

residing at their respective matrimonial homes at different places.

Learned counsel submits that it is a case of over-implication and

almost all the family members have been implicated in connection

with the present crime.

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5.

Learned counsel for respondent no.2-informant submits that

names of all the applicants are mentioned in the FIR with specific

allegations against each of them. All the applicants allegedly

subjected respondent no.2 to cruelty as defined under Section

498-A of IPC. Respondent no.2-informant was subjected to ill-

treatment on account of non-fulfillment of a demand for

purchasing a four-wheeler. Learned counsel submits that even on

20.09.2020 all the applicants along with co-accused persons had

been to the house of parents of respondent no.2-informant and

demanded the amount and further extended beating to the parents

and other relatives of respondent no.2-informant on account of

non-fulfillment of the said demand.

6.

We have also heard learned APP for the respondent-State.

7.

We have carefully gone through the allegations made in the

complaint and also the copy of the charge-sheet. Though we find

names of applicant nos. 4 to 9 mentioned in the FIR, however, the

allegations are general in nature without quoting any specific

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incident as such. The applicant nos. 6, 8 and 9 are the married

sisters-in-law residing with their family members at different

places. It is not clear from the allegations made in the complaint

nor from the charge-sheet as to on what date, time and place they

had been to their parents’ house and subjected respondent no.2-

informant to cruelty. So far as applicant nos. 4, 5 and 7, who are

the brothers-in-law of respondent no.2-informant, are concerned,

they are also either in service or in medical profession. The

allegations as against them are absurd in nature without quoting

any spec