Kailashben Mahendrabhai Patel vs State Of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 831

PAMIDIGHANTAM SRI NARASIMHA, PANKAJ MITHAL
Kailashben Mahendrabhai Patel – Appellant
Versus
State Of Maharashtra – Respondent

Advocates appeared:
For the Petitioner(s): Dr. Abhishek Manu Singhvi, Sr. Adv. Mr. S. Niranjan Reddy, Sr. Adv. Ms. Shally Bhasin, Adv. Mr. Prateek Gupta, Adv. Mr. Prateek Yadav, Adv. Ms. Jyotsna Punshi, Adv. Mr. S. S. Shroff, AOR Mr. Jay Kansara, Adv. Mr. Chiranjivi Sharma, Adv. Mr. Vasu Gupta, Adv. Mr. Pranaya Goyal, AOR
For the Respondent(s): Mr. Shrirang B. Varma, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. Mr. Aditya Krishna, Adv. Ms. Preet S. Phanse, Adv. Mr. Adarsh Dubey, Adv. Mr. Sanjeev Despande, Sr. Adv. Mr. Mahesh Agarwal, Adv. Mr. . Ankur Saigal, Adv. Ms. S. Lakshmi Iyer, Adv. Mr. Victor Das, Adv. Mr. Shashwat Singh, Adv. Mr. E. C. Agrawala, AOR

JUDGMENT :

PAMIDIGHANTAM SRI NARASIMHA, J.

1. Leave granted.

2. This criminal appeal is against the dismissal of a petition under Section 482 of the CrPC to quash the FIR and the subsequent chargesheet against the appellants herein. By order dated 01.05.2018, this Court issued notice in the Special Leave Petition and stayed the criminal proceedings. The short and necessary facts for disposal of this criminal appeal are as follows.

3. Respondent no. 2 is the complainant. She was married to one Niraj Mahendrabhai Patel in 2002, and he is not a party in these proceedings. On 01.03.2013, the complainant filed a complaint, pursuant to which an FIR was registered on 25.03.2013 at P.S. Jalna, Maharashtra under Sections 498A, 323, 504, 506 read with Section 34 IPC against the appellants, who are her step mother- in-law (appellant no. 1), step brother-in-law (appellant no. 2), father-in-law (appellant no. 3), and the Munim (appellant no. 4). The chargesheet in this case was filed on 30.07.2013.

4. A precise but accurate description of the allegations in the FIR are that, i) her husband is the son of the appellant no. 3 and his late first wife. Thereafter, the appellant no. 3 married appellant no