Bombay High Court
Gulshan D. Wasan vs Shruti W/O Apurv Wasan on 1 July, 2026
2026:BHC-NAG:8568
1 apl772.26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO.772 OF 2026
1. Gulshan D. Wasan
Aged about 65 years, Occ: Nil
2. Nagina W/o Gulshan Wasan
Aged about 60 years, Occ: Nil
3. Tanya W/o Roshan Dua @
Tanya D/o Gulshan Wasan
Aged about 33 years, Occ: Nil
All R/o 1st Wasan Lane,
Korba, Chattisgarh-445677.
...APPLICANTS
...V E R S U S...
Shruti W/o Apurv Wasan
Age 34 years, Occ: Nil
R/o Plot no.21, Clarke Town,
Benzonbagh, Nagpur-440004. ...NON-APPLICANT
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Shri S.S. Sitani, Advocate for applicants.
Ms Krutika Motdhare, Advocate for non-applicant.
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CORAM:- M.W. CHANDWANI, J.
DATED :- 01.07.2026
ORAL JUDGMENT:
1. Rule. Rule made returnable forthwith. Heard finally by
consent of the learned counsel appearing for the parties.
2. This is an application for quashing of the domestic
violence proceedings bearing Criminal Miscellaneous Application
2 apl772.26.odt
No.4690/2025, filed by the non-applicant – wife before Judicial
Magistrate First Class, Nagpur against the applicants.
3. The non-applicant got married to one Apurv Wasan on
20.05.2013. Out of the said wedlock, they were blessed with two
daughters. As of today, the elder daughter is aged about 11 years;
whereas, the younger daughter is 5 years old. It appears that due
to marital discord, the non-applicant left the house of the husband
and applicant nos.1 and 2 on 07.11.2024 and since then, she is
residing separately. Applicant nos.1 and 2 are the father-in-law
and mother-in-law of the non-applicant; whereas, applicant no.3 is
the married sister-in-law of the non-applicant. On 14.10.2025, the
non-applicant filed an application under Sections 12, 18, 19, 20,
22 and 23 of the Protection of Women from Domestic Violence
Act, 2005 (for short “D.V. Act“), alleging harassment at the hands
of her husband, Apurv Wasan as well as the applicants. It is also
alleged in the said application that applicant no.2 has kept the
jewelry of the non-applicant with her and it was not handed over
to the non-applicant. Therefore, by filing the said application, the
non-applicant sought the following reliefs:
“A) direct the non-applicant no.1, to pay the rent for the
accommodation of the applicant to the tune of Rs.50,000.00
per month with yearly increment of 15% every year from the
date of application,
3 apl772.26.odtB) Direct the non-applicant no.1 to pay maintenance of
Rs.50,000.00 per month to the applicant with year
increment of 15% every year from the date of application,C) direct the non-applicants to return the Stridhan,
D) Direct the non-applicants to refrain from committing any
further domestic violence on the applicant at her residence,E) refrain / restrain the non-applicants either personally or
through any person or persons representing them from
entering the residential accommodation as enumerated in
the title or any other place occupied by the applicant and
causing, disturbing the peaceful possession in any manner
whatsoever,F) ad interim order in terms of prayer clause (D) and (E),
(G) be further pleased to hold the non-applicant violence
and be pleased to compensate the applicant to the tune of
Rs.4,00,00,000/- (Rupees Four Crore) on account of the
hardship, ill-treatment, harassment, abuse, assault meted
out at their hands to the applicant against the losses of the
applicant,(H) Punish the non-applicants fro the harassment and
cruelty meted out to the applicant and for failure on their
part to maintain the applicant and creating obstacles in the
peaceful life to the applicant,(I) any other relief which this court feel deem and proper in
facts and circumstances may also be awarded in favour of
the applicant and against all the non-applicant.”
4. The instant application has been filed by the applicants
seeking quashing of the said application under the D.V. Act
pending before the learned Magistrate on the ground that no
4 apl772.26.odt
specific allegations have been made against the applicants and that
only general and vague allegations have been made against them
without mentioning any specific details of the alleged incidents.
5. It is contended by the learned counsel for the applicants
that applicant no.3 is the married sister-in-law of the non-applicant
who is residing separately and therefore, there is no question of
her being involved in any harassment for dowry. According to him,
there is no whisper about any harassment at the hands of the
father-in-law i.e. applicant no.1. He submits that the allegations
are general in nature and only omnibus statements are made by
the non-applicant and therefore, the proceedings are required to
be quashed by this Court in exercise of its inherent powers under
Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023
(BNSS). The non-applicant did not lodge any complaint
whatsoever alleging any harassment for almost 11 years, and the
present application came to be filed nearly 11 years after the
marriage, alleging incidents which are stated to have occurred
prior to 2024. The application has been filed at a belated stage,
thereby losing its significance and authenticity, and therefore, he
prayed for quashing of the said application.
5 apl772.26.odt
6. The application is strongly opposed by the non-
applicant – wife on the ground that there are specific allegations
against each of the applicants in the said application and the
prayers therein. The non-applicant has not only sought
accommodation expenses/rent from her husband but has also
sought relief against the applicants by seeking return of her
Stridhan, compensation and a restraining order. Therefore, the
proceedings cannot be quashed. According to her, whether the
contents of the application are true or false is a matter of trial and
at this stage, this Court, while entertaining a petition for quashing,
has to accept the allegations made in the application at its face
value. It is also contended that mere delay cannot be a ground for
quashing the proceedings under the provisions of the D.V. Act. To
buttress her submission, she seeks to rely upon the decision of
High Court of Himachal Pradesh in the case of Rajnish Kumar Vs.
Poonam Dhiman reported in 2025 SCC OnLine HP 6142 wherein,
in para 6 and 13 it has been held as under:
“6. It was laid down by the Hon’ble Supreme Court in
Shaurabh Kumar Tripathi v. Vidhi Rawal, 2025 SCC OnLine
SC 1158, that the High Court should have a hands-off
approach under the DV Act and should interfere only when
there is gross illegality or abuse of the process of the Court.
It was observed:
“35. When it comes to the exercise of power under Section
6 apl772.26.odt482 of the Cr.PC in relation to an application under Section
12(1), the High Court has to keep in mind the fact that the
DV Act, 2005, is a welfare legislation specially enacted to
give justice to those women who suffer from domestic
violence and to prevent acts of domestic violence.
Therefore, while exercising jurisdiction under Section 482
of the CrPC for quashing proceedings under Section 12(1),
the High Court should be very slow and circumspect.
Interference can be made only when the case is clearly of
gross illegality or gross abuse of the process of law.
Generally, the High Court must adopt a hands-off of
approach while dealing with proceedings under Section 482
for quashing an application under Section 12(1). Unless the
High Courts show restraint in the exercise of jurisdiction
under Section 482 of the CrPC while dealing rt with a
prayer for quashing the proceedings under the DV Act,
2005, the very object of enacting the DV Act, 2005, will be
defeated.”
13. It was submitted that the allegations in the complaint
are false. This submission cannot be entertained during
these proceedings. The Court exercising inherent
jurisdiction does not go into the validity or otherwise of the
allegations and has to treat them as correct. This position
was laid down by the Hon’ble Supreme Court in Punit
Beriwala v. State (NCT of Delhi), 2025 SCC OnLine SC 983,
wherein it was observed: –
“29. It is settled law that the power of quashing a
complaint/FIR should be exercised sparingly with
circumspection, and while exercising this power, the Court
must believe the averments and allegations in the complaint
to be true and correct. It has been repeatedly held that,
save in exceptional cases where non- interference would
result in a miscarriage of justice, the Court and the judicial
process should not interfere at the stage of investigation of
offences. Extraordinary and inherent powers of the Court
should not be used routinely according to its whims or
caprice.””
7 apl772.26.odt
7. Reliance is also placed by the learned counsel for the
non-applicant on the decision of the Coordinate Bench of this
Court in the case of Anandrao Marotirao Kharabe Vs. Madhuri
Anandrao Kharabe (Criminal Revision Application No.188/2025
(Nagpur Bench) decided on 26.03.2026) wherein, it has been
observed as under:
“26. While considering this aspect the Hon’ble Apex Court
observed in the said judgment that when it comes to
exercise of power under Section 482 of the CrPC in relation
to application under Section 12(1), the High Court has to
keep in mind the fact that the Domestic Violence Act, 2005
is a welfare legislation specially enacted to give justice to
those women who suffer from domestic violence and for
preventing acts of domestic violence. Therefore, while
exercising jurisdiction under Section 482 of the CrPC for
quashing proceedings under Section 12(1), the High Court
should be very slow and circumspect. Interference can be
made only when the case is clearly of gross illegality or
gross abuse of the process of law. Generally, the High Court
must adopt a hands-off approach while dealing with
proceedings under Section 482 for quashing an application
under Section 12(1). Unless the High Courts show restraint
in the exercise of jurisdiction under Section 482 of the CrPC
while dealing with a prayer for quashing the proceedings
under the Domestic Violence Act, 2005, the very object of
enacting the Act will be defeated.
27. In view of the above observation of the Hon’ble Apex
8 apl772.26.odt
Court, admittedly in the present case, the respondent has
alleged that she was subject for the tortured when she was
residing along with the accused. Whether it would cover
under the Domestic Violence Act or not is a matter of
evidence, at this stage the pleading of the present
respondent sufficient to show that as she was subjected for
the domestic violence at the hands of the present applicant
and therefore, she approached to the Magistrate for seeking
various reliefs and therefore, opportunities is required to be
given to establish the said facts by adducing the evidence.
At this stage, it would not be just and proper considering
the object of the Domestic Violence Act to quash the FIR. In
view of that, application deserves to be rejected.
Accordingly, I proceed to pass the following order.”
8. Heard the learned counsel for the applicants as well as
learned counsel for the non-applicant.
9. With the able assistance of the learned counsel for the
non-applicant, I have gone through the application filed by the
non-applicant under the D.V. Act. Paras 7, 11, 12, 13,15, 16, 17,
19, 21 and 22 are reproduced as under:
“7. It is submitted that on the first night of the marriage,
non-applicant no.1 questioned applicant’s character. That,
after marriage, when applicant moved to matrimonial
home, applicant was criticized for eating non-veg and for
her clothing choices. This was followed by regular taunts
that applicant was not accustomed to the customs
prevailing in their house, and also commented on the food
cooked by her. That the non-applicants intentionally tried
to find out faults with whatever the applicant tried to do
9 apl772.26.odtonly to destroy her self-confidence gradually.
11. It is submitted that in February 2014, applicant
delivered a girl child in Nagpur. That, all the expenses were
borne by applicant’s parents. That, all non-applicants were
unhappy about girl being born and taunted the applicant
for not giving birth to a boy! It is submitted that non-
applicants never gave any money to applicant for her
personal expenses and whenever applicant asked money to
non-applicants, they all would ask applicant to get it from
her father. That, the applicant returned to her matrimonial
home after 40 days of giving birth to the child. However,
the situation hadn’t changed a bit. The non-applicants gave
silent treatment to the applicant, like none of them would
talk to her or cared about her well being. The applicant
managed all her expenses and expenses of the baby, like
toiletries, medications, clothes for the baby baby food etc.
from the money given by applicant’s father. The non-
applicants did not even give money to applicant to recharge
her phone.
12. It is submitted that, during all these 12 years of
marriage, it is the applicant’s parents who sent her money
to take care of all her expenses. That, non-applicants would
taunt applicant for not gifting cash or any expensive gifts in
the wedding.
13. It is submitted that the behavior of non-applicant no.1
had crossed all limits of violence. The non-applicant no.1
would hurl abuses at applicant on trivial things and would
even physically abuse applicant for no fault of hers. That,
non-applicant have in numerous times badly beaten the
applicant, punched her on face causing the applicant’s nose
to bleed, swelling of eyes and face, kicked applicant on her
stomach. That, the applicant yelled in pain but other non-
applicants would not care to stop the applicant. The non-
applicant no. 3 would say things like, it is the applicant
who picked up fights and instigated the non-applicant no.1.
The non-applicant No.1 would lock the applicant in the
room and the applicant would cry in pain in that condition
10 apl772.26.odt
but no one would open the latch and left her high and dry.
It is also submitted that, in rush of anger the non-applicant
no.1 dragged the applicant into the bathroom and
strangulated the applicant. The situation got so serious that
the applicant lost consciousness and had the sister-in-law
and mother-in-law not intervened, applicant either would
have suffered grave permanent injuries or perhaps even
succumbed to injuries! That, even after being stopped by
the mother and sister of the non-applicant no.1, he pushed
the applicant on the floor and continued to kick the
applicant on her stomach.”
15.It is submitted that whenever the applicant came back to
matrimonial home after visiting her parent’s visited her
parents’ home, the non-applicant no.3 would ask about
gifts, gold and cash given to applicant by her parents. That,
every time applicant had to bring gold, gift and cash for all
the non-applicants and even that would not make them
happy and would find nooks with everything applicant got
for the non-applicants. It is submitted that however
expensive gifts the applicant would bring, the non-
applicants would never appreciate or be satisfied about it.
16. It is further submitted that whenever the family went
for vacations, non-applicants took applicant also alongwith
them. The applicant later realized that, she was taken along
only to serve and look after non-applicants. The non-
applicants treated her as a maid literally. That, non-
applicants never ever considered applicant as a part of
family and never bought anything for her on the trips
though the same were brought for other family members.
That, on all these foreign trips, it was applicant’s parents
who would borne applicant’s expenses.
17.It is submitted that the applicant got pregnant again
with second child on 5th May 2020. That non-applicant
no.3 got some herbs and medicines from Raigarh and
forced the applicant to take those medicines so that the
applicant gives birth to a boy this time! However, as the
destiny had planned otherwise and applicant second time
gave birth to a girl child. That, life of applicant became
11 apl772.26.odt
miserable thereafter and things got bad to worse. That,
non-applicant no.2 to 4 would taunt and harass applicant
for giving birth to a girl second time. And to make the
situation worse, non-applicant no.4, who is the sister-in-law
of the applicant would every now and then visit Korba after
a fight in her matrimonial home and stayed for days
altogether poisoning mind of other non-applicants and took
out all her frustration. That, as a matter of fact, non-
applicant no.4 has left her matrimonial home and is staying
with other non-applicants since last 2 years making life of
applicant miserable.
19.It is submitted that on 6th Sept. 2024, applicant slipped
and fell in home, however instead of taking her to the
Doctor the non-applicant no.3 asked the applicant to do
home remedies and when even after days, the pain did not
reduce and had rather increased to the level that it became
unbearable and the applicant could not even walk, she was
taken to the doctor who diagnosed a fracture in her
leg/ankle, even then her medical expenses were not paid
for and she was required to pay the medical bills out of the
money received from her parents. Leave alone the medical
expenses, but applicant was not even allowed to rest as had
been suggested by the Doctor and she was forced to do all
household chores. And, as a result of exerting and pressure
on the injured ankle, applicant later developed severe
complications.
21. It is submitted that, applicant found about the cameras
being installed in her room and discovered a hard disk full
of video recordings. That, applicant also found out about
audio recorder in her phone and it completely shocked the
applicant. That, it is unfathomable that why on Earth would
someone install cameras in the bedroom, unless and until
someone has completely lost his/her mental state. It is
submitted that someone with a misbalanced state of mind
could do something like this. It is further submitted that all
the non-applicants listen to these recordings and watch
these videos. That, on discovering this, when applicant
questioned about it, non-applicants assaulted applicant and
12 apl772.26.odt
fearing for her life, applicant fled her matrimonial home
and is now currently staying with her parents since Nov.
2024. That, applicant is in a deep state of shock and in such
circumstances, applicant asked the nonapplicants to
handover of all the video and audio recordings, however
non-applicants are jointly and severally threatening
applicant of dire consequences and calling upon her to
waive alimony, forget the gold belonging to applicant being
more than 700 grams given by applicant’s father and about
300 grams given to applicant by non-applicants and
relatives, cash of about 50.00 Lakhs given by applicant’s
parents to non-applicants, marriage expenses of about
50.00 Lakhs incurred by applicant’s parents and gifts of
about Rs. 25.00 Lakhs and give mutual divorce. That non-
applicants also did not permit applicant to take her children
alongwith her. That, non-applicant no.1 has always
threatened applicant that if she ever leaves this home, they
would not give applicant a penny and would claim
bankruptcy.
22.It is submitted that non-applicants are not permitting
applicant to talk to her daughters and are poisoning their
minds against applicant. That, the irresponsible behavior of
the non-applicants is causing emotional distress to
applicant as well as the children. That such behavior is
badly impacting applicant’s daughters’ childhood would
have a perilous effect for life and scar for life. That,
applicant got a shock for her life when she came to know
that her 5 year old daughter namely, Vanishka have had
consumed alcohol in the home in presence of her father and
grandfather! And, when applicant confronted, non-
applicant no.1 and 2 casually replied that the child had
herself asked for it! That, applicant also came to know that
her daughter has started speaking abusive language
watching her father and grandfather engaging into such
conversations.
10. Thus, perusal of these paras would reveal that the non-
applicant has specifically pleaded the alleged act of applicant nos.2
13 apl772.26.odt
and 3 with specific details. The dates of the alleged incidents have
also been specifically mentioned in the said paragraphs. Therefore,
I do not find any substance in the argument of the learned counsel
for the applicants that general allegations have been made against
applicant nos.2 and 3.
11. So far as the submission of the learned counsel for the
applicants that the allegations have been made after almost 11
years of marriage is concerned, as held in the case of Rajnish
Kumar (supra), wherein, the decisions in Tilak Raj Vs. Darshana
Devi, reported in 2025 SCC OnLine J&K 855, and Kamatchi Vs.
Lakshmi Narayanan, reported in (2022) 15 SCC 50 have been
considered, it has been held that the D.V. Act is a beneficial
legislation providing for remedies of civil nature for ensuring
effective protection to women against domestic violence.
Therefore, the proceedings cannot be quashed in exercise of the
inherent powers of this Court only on account of delay.
12. This takes me to the submission of the learned counsel
for the applicants that false allegations have been levelled against
the applicants. It is well settled that, at the time of considering a
petition for quashing the proceedings while exercising its inherent
jurisdiction, the Court is not supposed to go into the validity of the
14 apl772.26.odt
allegations levelled in the application. The allegations made in the
application have to be taken at their face value.
13. A reference can be made to the decision of Punit
Beriwala v. State (NCT of Delhi) reported in 2025 SCC OnLine SC
983, wherein it was observed as under: –
“29. It is settled law that the power of quashing a
complaint/FIR should be exercised sparingly with
circumspection, and while exercising this power, the
Court must believe the averments and allegations in the
complaint to be true and correct. It has been repeatedly
held that, save in exceptional cases where non-
interference would result in a miscarriage of justice, the
Court and the judicial process should not interfere at
the stage of investigation of offences. Extraordinary
and inherent powers of the Court should not be used
routinely according to its whims or caprice.”
In view of the legal position enunciated above as well
as the allegations made in the complaint against applicant nos.2
and 3, no case is made out for quashing the proceedings against
them.
14. Taking the case of applicant no.1 further, it is
vehemently contended on behalf of the applicants that there are
no allegations whatsoever against applicant no.1 in the entire
application. Inspite of this, applicant no.1 – the father-in-law of
15 apl772.26.odt
the non-applicant is being prosecuted for no reason without any
basis.
15. It appears that specific references pertaining to
applicant no.1, who is arrayed as non-applicant no.2 in the said
application, have been set out in Para 25 which is reproduced
below:
“25. It is submitted that the non-applicant no.1 and 2
are in the business of mining and government
contractorship. That, they own several heavy and high
cost machineries as well which are used in the
business. The non-applicant no.2 is also running a rice
mill under the name of Balaji Agro Industries and is
also a partner in a firm namely High Rise Infrastructure
which is engaged in the business of construction of
roads. That, the non-applicants are also partners in
various firms. That, the non-applicants own 4 luxury
cars like MG Gloster, Safari, Innova and Grand Vistara.
Taht, the non-applicants go on at least 3-4 vacations –
foreign and within India. And, that during the
vacations the non-applicants arranged stay in 5-star
and 7-star hotels like Pan Pacific Singapore, Santosa
Island Singapore, Palm Atlantis Dubai, Marina Bay
Singapore and Taj Visakhapatanam to name a few.”
16. Thus, what has been alleged against applicant no.1 is
that he is engaged in a business and owns high end machinery. He
is also running a rice mill and is a partner in various firms. Apart
from these averments, there is no specific role assigned to
applicant no.1 anywhere in the entire application.
16 apl772.26.odt
17. Learned counsel for the non-applicant invited my
attention to para 21, wherein it has been stated that CCTV
cameras were installed in the room of the non-applicant. When she
discovered the same and questioned it, she was allegedly
assaulted. Even in this paragraph, no specific role has been
attributed to applicant no.1. My attention was also drawn to the
allegations made in para 11 to the effect that after the birth of a
girl child, the non-applicant was allegedly taunted for not giving
birth to a boy.
18. Thus, only general allegations have been made against
applicant no.1 by including him under the plural word “non-
applicants” in the application. No specific role has been attributed
to applicant no.1 – father-in-law, particularly as to what he did,
what he stated, or what words were allegedly used by him which
would amount to harassment. Therefore, I find substance in the
argument of the learned counsel for the applicants that, apart from
stating that applicant no.1 is a businessman holding a stake in
various businesses, and making general averments by including
applicant no.1 within the plural word “non-applicants”, there is
nothing on record to suggest any specific role attributable to him
in the alleged harassment.
17 apl772.26.odt
19. Having found that no specific allegations with details
whatsoever have been levelled against applicant no.1 except
general statements, continuation of the proceedings against
applicant no.1 will amount to nothing but abuse of the process of
law. I am conscious of the legal position that the Court should be
slow in quashing D.V. Act proceedings and the proceedings can be
quashed only when the case is a clear abuse of the process of law.
In the peculiar facts of the present case i.e. having found that no
role has been assigned to applicant no.1, in the alleged harassment
to non-applicant no.2 a case is made out for quashing the
proceedings against applicant no.1 only. Accordingly, I pass the
following order:
i. The application is partly allowed.
ii. Domestic Violence proceedings bearing Criminal
Miscellaneous Application No.4690/2025 filed by the non-
applicant is hereby quashed, qua applicant no.1.
iii. The application in respect of applicant nos.2 and 3 is
rejected.
iv. The application is disposed of in the abovesaid terms. Rule
accordingly.
(M.W. CHANDWANI J.)
Wagh
Signed by: Mr. S.R. Wagh
Designation: PA To Honourable Judge
Date: 08/07/2026 19:01:34
