Case Note & Summary
The matter arose from a matrimonial dispute. Applicant No.1, the husband, originally along with his sister (Applicant No.2) and mother (Applicant No.3) filed Criminal Application No.1679 of 2025 before the High Court of Judicature at Bombay, Aurangabad Bench, seeking quashing of FIR No.476 of 2023 registered with Bhagyanagar Police Station, Nanded on 15 December 2023 for offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code. During pendency, the investigation culminated in charge-sheet No.126 of 2024 filed on 18 June 2024, and the Judicial Magistrate First Class, Nanded issued process on 22 July 2024 in Regular Criminal Case No.861 of 2024. The applicants amended the application to also challenge the charge-sheet and process order. By order dated 19 January 2026, Applicant No.1 was permitted to withdraw, leaving only the sister-in-law and mother-in-law as applicants, with respondent No.2 as complainant. The undisputed preliminary facts involved a marriage on 12 January 2020 between the complainant and Applicant No.1 according to Buddhist rites, cohabitation in Mumbai, breakdown of the marriage, complainant leaving the matrimonial home on 4 April 2022, and husband filing for divorce on 25 July 2022 before Family Court, Bandra, later transferred to Nanded by order dated 10 February 2025. The FIR alleged that after a brief period of good treatment, the complainant faced dowry demands, including a flat purchase demand of Rs.21 lakhs or Rs.25 lakhs as stated inconsistently, deprivation of food, abuse, beating, and physical and mental harassment by all three accused. Specific allegations concerning alcohol consumption, character suspicion, and assault were principally directed against the husband. The first temporally specific incident was on the night of 3–4 April 2022, when the complainant returned home at 1 a.m., was abused and assaulted by the applicants, had ornaments removed, and was driven out at 2.30 a.m.; she then went to her brother and subsequently to Nanded. The second incident occurred after a Women's Help Cell counselling session; the applicants allegedly abused and threatened her at her parental home and refused to take her back unless Rs.25 lakhs was paid. Applicant No.2 allegedly slapped and pushed the complainant, while no specific physical act was attributed to Applicant No.3. The investigation revealed material discrepancies: the FIR and investigation papers dated the second episode as 6 December 2023, while the supplementary statement gave 29 November 2023. This led the Investigating Officer to request recording of complainant's statement under Section 164 of the Code of Criminal Procedure, 1973, which was done on 10 June 2024. The charge-sheet was filed eight days later. The charge-sheet contained statements of complainant's mother and close relatives that repeated what they were told by the complainant. The court was asked to decide whether the FIR, charge-sheet, and order issuing process against the two relatives should be quashed under inherent jurisdiction. The present text does not include the court's final analysis or decision. It records that the court examined the allegations, noted the general nature of accusations against the relatives, specific acts attributed only to the husband and Applicant No.2 on certain occasions, and highlighted the date discrepancy. The final holding and directions are not available in the provided extract.
Headnote
A) Criminal Procedure - Quashing of FIR - Inherent Jurisdiction - Code of Criminal Procedure, 1973 (inherent jurisdiction not expressly cited) - Applicants (sister-in-law and mother-in-law) sought quashing of FIR No.476/2023 and subsequent charge-sheet and order issuing process alleging offences under Sections 498-A, 323, 504, 506 read with Section 34 IPC; the court noted the matrimonial background, divorce proceedings, and withdrawal of husband as applicant; no final decision is visible in the provided text (Paras 1-4). B) Criminal Law - Matrimonial Cruelty and Dowry Demand - Sections 498-A, 323, 504, 506, 34 Indian Penal Code, 1860 - FIR alleged general harassment by all accused but specific allegations of alcohol consumption, character suspicion, and assault were directed against the husband only; one specific act of slapping and pushing was attributed to applicant No.2 during the second episode, while no specific physical act was attributed to applicant No.3 (Paras 6-8). C) Criminal Procedure - Investigation and Evidence - Section 164 Code of Criminal Procedure, 1973 - Investigating Officer noted material variation in dates of second incident (6 December 2023 vs 29 November 2023) and requested recording of complainant's statement under Section 164 CrPC; statement was recorded on 10 June 2024 and charge-sheet filed on 18 June 2024 (Paras 9-10). D) Evidence - Hearsay Statements of Relatives - Charge-sheet included statements of complainant's mother and close relatives who repeated what complainant narrated about her matrimonial life; the court noted this in examining the material (Para 11).
Issue of Consideration
Whether the FIR No.476 of 2023, charge-sheet No.126 of 2024, and order issuing process dated 22 July 2024 pending before the Judicial Magistrate First Class, Nanded should be quashed under inherent jurisdiction as against applicant Nos.2 and 3 (sister-in-law and mother-in-law)
Law Points
- Inherent jurisdiction to quash FIR
- charge-sheet and process order
- offences under Sections 498-A
- 323
- 504
- 506 read with Section 34 IPC
- necessity of specific allegations against each accused
- material discrepancies in dates of incident
- Section 164 CrPC statement
- matrimonial dispute background
