2011 Supreme(Bom) 615
2011 ALL MR (Cri) 2308
In the High Court of Bombay at Nagpur
A.P. BHANGALE
Ajmal Khan s/o Jameel Khan & Others
Versus
State of Maharashtra & Another
CRIMINAL APPLICATION NO. 1995 OF 2010
Decided on : 09-06-2011
For the Applicants:S.A. Mohta, Advocate.
For the Respondents:D.B. Yengal, APP, R2, S.I. Jagirdar, Advocate.
Headnote:Criminal Procedure Code, 1973 - Section 482-Quashing of FIR-FIR contained serious allegations in respect of Sections 498-A and 307/34, IPC-Statements of eye-witnesses already recorded and documentary evidence collected-Recovery of Kerosene can and clothes of four accused-Charges not yet framed-Applicants may apply for discharge before charges framed while seeking bail-FIR cannot be quashed.-Accusations in the facts and circumstances of the present case were not limited to Section 498-A alone but serious accusations were also made under Section 307 read with Section 34, IPC. The nature of accusations in the FIR appear aggravated on account of the legislation like Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (in short "the Act of 1994") by which, since 1994 it is now law of the land that no woman shall be insisted upon by any person to undergo Pre-natal Diagnostic Techniques, in order to arrest the skewed sex ratio, for the purposes other than those permitted according to law and any such person who insists upon a woman to have sex selection at prenatal stage, may invite serious charge of abetment of offence punishable under the Act of 1994. Prima facie, under these circumstances, it would be open for the applicants to apply for discharge before the trial Court while seeking benefit of bail as it is necessary on the part of the prosecution to state the evidence collected against the accused on the basis of which the prosecution proposes to prove the guilt. The accused can apply for discharge before charge is framed.
Court does not find any rare or exceptional case so as to interfere with the FIR and the criminal proceedings. Hence application is rejected. Rule discharged.
Criminal Procedure Code, 1973 - Section 482 - Quashing of FIR. - Where investigation into offence registered under Sections 307, 498- A/34, IPC against applicants was completed therefore FIR cannot be quashed at this stage.
Heard Mr. S.A. Mohta, learned counsel for the applicants; Mr D.B. Yengal, learned APP for respondent No.1 and Mr. S.I. Jagirdar, learned counsel for respondent No.2.
2. Rule, returnable forthwith. With the consent of respective learned counsel, the matter is taken up for final disposal
3. By this application under section 482 of the Code of Criminal Procedure, 1973 ( in short “ the Code”) the applicants pray for quashing and setting aside the FIR No.253/2010 dated 13th March 2010 reported at Old City Police Station, Akola for offence punishable under sections 307, 498A, 504 read with section 34 of the Indian Penal Code ( in short “ IPC”).
4. The facts in nutshell are these:-
On 13.9.2010 Mrs Aliya Afrin w/o Faisal Sohail Khan lodged FIR No. 253/2010, in which the first informant alleged that she had tied the knot with Faisal Sohail Khan, ten months prior to the incident. She was residing jointly along with her husband, father-in-law, mother-in-law, brothers-in-law and sisters-in-law etc. According to the first informant, she was constantly harassed by her husband and his near relatives for some reason or the other. When she became pregnant, her husband and in-laws insisted to get herself examined in the Hospital so as to know beforehand whether the foetus conceived by her is a male or female and if it is female they used to tell her to abort the foetus. Her husband and in-laws were also insisting upon the first informant to bring a sum of Rs. 5 lakhs from her parents to enable her in-laws to purchase a flat and get some employment for Faisal. Thus, she was subjected to ill-treatment and was assaulted time and again. As a result of this precarious condition, the first informant was constrained to reside with her parents at Khidkipura. Meanwhile, she was blessed with a babygirl who was unwell and was receiving treatment in ICU in Hospital of Dr.Kothari. On 13.9.2010 after feeding her child at midnight she was returning along with her mother, when they were on the road in front of the house of her husband and inlaws, it is alleged that her mother-in-law Farzana her husband Faisal, her father-in-law Jeemalkhan and sister in law Rukhwana, her another sister in law Farhana and Shabana came from behind them and abused her saying that they had told her ( first informant ) not to deliver a female child and assaulted her; she was also subjected to threatening. As a result of the assault, her bangles were broken and she received abrasion injuries. Her mother‘s bangles too were broken and received injuries. At that time, her mothering law had brought a plastic can containing kerosene and poured it on her person. At that time, her husband had caught hold of her and others were threatening to kill her. When she ran towards the house due to fear of her life, others were threatening to kill her; she was followed by her husband and in-laws and was assaulted. They had also thrown household articles in the house of her father. Frightened to the hilt, the first informant called people in the locality and police by shouting. Hearing the shouts, the accused took to their heels. Under these circumstances, she lodged the report at Police Station which gave rise to FIR No.253/2010 on 13.9.2010 at Old City Akola Police Station. It also appears the case of the first informant that she was threatened by her in laws and her husband because her father had made complaint at Akot Police Station, Dist. Akola about the threats given.
5. It is the contention on behalf of the applicants that the accusations levelled against them are not specific and they are bereft of details; that the accusations are made only with a view to drag the applicants to the Court in respect of the alleged crime without assigning any specific role to each of the applicants/accused in respect of the alleged incident. It is further submitted that the applicants have not committed any crime as alleged either under sections 307, 498A read with section 34 IPC etc. It is submitte