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IN THE HIGH COURT AT BOMBAY
T.V. NALAWADE & SMT. I.K. JAIN, JJ.
Mayur Mozes Khajekar - Applicants
Versus
The State of Maharashtra - Respondents
CRIMINAL APPLICATION NO. 4364 OF 2014
Decided on : 17th March, 2015
Due to the wording of provision of Section 498-A of IPC, when allegations are made against relatives of husband, the crime is required to be registered against the relatives also. The tendency is developed to rope in all the relatives of the husband in such case and ordinarily, such allegations are made to see that not only the husband, but all his relatives are harassed and they are compelled to come for some settlement. No specific allegations are made as against petitioner Nos. 2 to 8 about the ill-treatment. In the case reported as 2013 All SCR 667, Chandralekha and others v. State of Rajasthan and another, the Apex Court has held that the provision of Section 482 of Cr PC needs to be used when allegations against relatives of husband are vague in nature and no specific role is attributed to each of them. In that case the FIR was given late. The facts and circumstances of the present case are also similar. Nothing can be achieved even if charge-sheet is filed against petitioner Nos. 2 to 8. It can be said that it would be misuse of process of law and it will amount to unnecessary harassment to the relatives of the husband. This Court holds that discretion under Section 482 of Cr PC needs to be used.
In the result, the application is allowed to the extent of petitioner Nos. 2 to 8. The FIR registered at Chavni Police Station, Aurangabad for the offences punishable under Sections 498-A, 323, 504, 506 read with 34 of Indian Penal Code is hereby quashed and set aside to that extent.
1) Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal. The learned APP is also heard.
2) The proceeding is filed under section 482 of Criminal Procedure Code for quashing of FIR in CR No. 141/2014 registered in Chavni Police Station of Aurangabad for the offences punishable under Sections 498-A, 323, 504, 506 r/w 34 of Indian Penal Code.
3) The Crime is registered on the basis of report given by Smt. Smita Khajekar against the petitioners. She was given in marriage to petitioner No. 1 - Mayur on 07/11/2010 and the marriage took place as per the rites and customs of Christan religion. During the pendency of the proceeding, submissions were made for petitioner No. 1 - Mayur, husband, that he wants to withdraw the petition and to that extent, the petition is disposed of as withdrawn.
4) It is the case of complainant/wife that at the time of marriage, dowry of Rs. three lakh was given by her father to her husband. It is her case that she was treated well for first six months after the marriage and after that, the relatives of husband like his parents brother - Mohanish, sisters - Priya and Namrata, the maternal uncle, wife of maternal uncle started harassing her and they started asking her to bring Rs. three lakh as her husband wanted to start some business. It is her case that they all were abusing her and on occasions, they were giving beating to her.
5) Allegations are made by the complainant that her husband is addicted to liquor and he used to return to home after 3.00 a.m. It is her case that the parents of husband were supplying liquor to him. It is her case that her parents tried to convenience him to behave well, but his conduct did not improve. It is her case that on 10/08/2011 accused gave abuses and beating and she was driven out of the matrimonial house. It is her case that on 27/08/2011 a notice was sent to her and false allegations were made against her. It is her case that she went to the matrimonial house with some mediators on 25/09/2011 and they requested the accused to accept her back in the matrimonial house, but the accused said that their demand of Rs. three lakh needs to met with first. It is her case that her father somehow convinced and promised to give such amount in future and after that, she was accepted in matrimonial house.
6) It is the case of complainant that though she was B.Sc., the accused started saying that such education is not sufficient and so she went to Aurangabad, to the house of her parents and there she completed B.Ed. course. It is her case that her parents spent for this course. It is her case that after completing B.Ed. course she returned to matrimonial house, butshe realized that the accused had not given up their demand of Rs. three lakh. It is her case that they again started giving her physical and mental illtreatment and ultimately they drove her out of matrimonial house on 10/01/2014. It is her case that threat was given to her that they would finish her if she returns without the amount of Rs. three lakh. On the basis of this report, the crime is registered for aforesaid offences.
7) Some record is produced like copy of petition filed under Section 10 of Divorce Act 1869 by the husband in the Family Court, Pune. It shows that it was filed on 19/01/2012. The husband had contended that the complainant/wife was suffering from some mental disorder and she used to become unconscious time and again for no reason. It is his case that treatment was given to her for such disease when she cohabited with him. It is the case of husband that in December 2010, wife left his company and she had taken all her belongings to her parents house. He contended that he tried to bring her back, but she did not give response and then one notice was given on 26/08/2011 through his advocate and it was accepted by the wife. This petition was dismissed for default on 31/05/2013. Second petition was filed by the husband on the same ground on 30/04/2014. In this p
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