SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2014 Supreme(Bom) 712

High Court of Judicature at Bombay
REVATI MOHITE DERE, J.
Manisha Prafulchandra Shelke
Versus
State of Maharashtra & Others
Criminal Revision Application No. 226 of 2012
Decided On : 20-03-2014

Advocates Appeared:
For the Applicant:Jagdish Chaudhary, Nikhil Mishra i/b Nankani & Associates, Advocates.
For the Respondents:R1, A.S. Shitole, A.P.P., R2 to R4, Prakash Naik, Advocate.

Headnote:Indian Penal Code, 1860 - Section 498-A - Criminal Procedure Code, 1973, Section 204 - Cruelty. - Where no allegations against respondents could be proved by complainant as to cruelty through complaint proceeding, in the interest of justice, and in absence of any element related cruelty in the complaint, complaint-proceeding was rightly quashed.

Judgment :

1. By this Application, the applicant (original complainant) seeks quashing and setting aside of the Judgment and Order dated 2nd November, 2011 passed by the learned Additional Sessions Judge, Pune in Criminal Revision Application No.456 of 2010, whereby the order of process, dated 21st June, 2010 issued by the learned Judicial Magistrate First Class, Pune in R.C.C. No.1066/2009 and consequently the complaint came to be quashed as against respondent Nos.2 to 4.

2. The facts giving rise to the filing of the present Revision Application are as follows:-

The Applicant is the original complainant, who has filed a private complaint, bearing No.0401066 of 2009 (later numbered as R.C.C. No.1066/2009), in the Court of the Judicial Magistrate, First Class, Pune, alleging an offence punishable under Section 498A of the Indian Penal Code (hereinafter referred to as 'the IPC'), as against her husband and Respondent Nos.2 to 4. The Respondent No.2 is the brother-in-law, Respondent No.3 the father-in-law, who at the relevant time, was 79 years of age and Respondent No.4 the mother-in-law, who was about 70 years of age, at the time of filing of the Revision Application seeking their discharge. During the pendency of the present Revision Application, Respondent No.3 expired on 1st February, 2013 and accordingly, the Death Certificate of the said respondent was taken on record and marked as Article 'X'.

Pursuant to the private complaint lodged by the Applicant herein, the learned Magistrate after perusing the documents and the report under Section 202 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Cr.P.C.') was pleased to issue process vide order dated 21st June, 2010 as against Prafulchandra Shelke (original accused No.1) and respondent Nos.2 to 4 herein.

Against the aforesaid order dated 21st June, 2010 issuing process, the respondent Nos.2 to 4 and Prafulchandra Shelke, original accused No.1, filed an application, being Criminal Revision Application No.456/2010 in the Court of the Sessions Judge, Pune, seeking quashing of the said order of process dated 21st June, 2010. The learned Sessions Judge, Pune vide order dated 2nd November, 2011 was pleased to allow the said Revision partly, inasmuch as, the learned Judge was pleased to quash the order issuing process dated 21st June, 2010 as against the respondent Nos.2 to 4 herein. Being aggrieved by the impugned order dated 2nd November, 2011, the applicant i.e. the original complainant has filed this present Revision Application.

3. Heard Mr. Jagdish Chaudhary, the learned Counsel for the Applicant and Mr. Prakash Naik for Respondent Nos.2 to 4.

4. Learned Counsel for the Applicant contended that the Applicant got married to Prafulchandra Shelke on 3rd July, 1999 at Pune and the couple was blessed with a child by name Kumar Harsh. He submits that after marriage, respondent Nos.2 to 4 and the applicant's husband started harassing her on various counts and these acts have been narrated in detail in the complaint filed by the applicant in the Magistrate Court.

5. The learned Counsel took me through the private complaint filed in the Magistrate's Court, being R.C.C. No.1066/2009 (Exhibit 'A' to the said Petition), more particularly, pages 21, 23, 31 and 36 of the said complaint. In para 15 at page 21, it is stated that as the applicant's husband Prafulchandra Shelke (original accused No.1) was to return from Abu Dhabi sometime in August, 2000 to Mumbai, the applicant was asked to go to Malad, Mumbai, to her in-laws residence. Accordingly, the applicant was dropped off at Malad by her father. It is alleged that within half an hour of reaching her in-laws house, the respondent No.2 started asking the applicant arrogantly as to what was her phone bill, light bill, whether she telephones her parents, whether she invites them home, whether they come home, and if they come, why do they come, etc. She has further alleged that the respondent No.2 had stated that she


















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top