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

2018 Supreme(Bom) 1988

IN THE HIGH COURT OF JUDICATURE AT BOMBAY AT AURANGABAD BENCH
PRASANNA B. VARALE, VIBHA KANKANWADI, JJ.
Parmeshwar - Appellant
Versus
State of Maharashtra - Respondent
Criminal Writ Petition No. 01503 of 2017
Decided On : 20-03-2018

Advocates Appeared:
For the Appellants :Mr. V.D. Gunale, Advocate
For the Respondents:Mr. K.S. Patil, Addl. Public Prosecutor, Mr. S.K. Mathpati, Advocate.

Headnote:

Mentally and physically harassed - Fulfilling their demands - Started abusing informant - Constitution of India 1950 - Articles 226,227 - Code of Criminal Procedure 1973- Section 482, 498A, 324, 323, 504, 506, 34 - Petition has been filed by original accused persons invoking inherent powers of this Court under, S 482 of Cr - CP 1973, and also under Art 226 and 227 of Constitution of India, in order to get first information report and charge-sheet based upon said report quashed and set aside - It will not be out of place to mention at first place, that by order of this Court, writ petition has been withdrawn on behalf of petitioner nos 01 to 03 - It is necessary to consider contents of FIR first and then other material that has been collected - It has been contended by informant, that she got married to petitioner no 01 - They have daughter by name Mayuri - After marriage, informant was treated properly for about six months - Thereafter accused nos 01 to 03 started demanding amount for purchase of plot - When this fact was informed by informant to parents and relatives, they had pacified accused nos 01 to 03 - Accused nos 01 to 03 did not pay any heed but they had beaten informant - In meantime, Mayuri was born - informant was under impression that after birth of daughter, she will not be harassed , accused nos 01 to 03 used to harass her for said demand - They had kept her starved and confined in house - Accused nos 04 to 10 petitioner nos 04 to 10 used to instigate accused nos 01 to 03 in order to harass her by beating - All of them used to insult informant - It is case of informant, that she was mentally and physically harassed - She was driven out of house, by taking out her Stridhan - Since then she is residing with her parents - All accused persons came to her parents house - informant felt that they all have come to take her back but all accused persons immediately started abusing informant and her parents - They were asking as to why they are not fulfilling their demand, otherwise informant should take divorce - Informant, her parents and brother were beaten - Held, Hence, following order :-Criminal writ petition is hereby allowed - Impugned first information report registered as Crime, with Ahmedpur Police Station, District Latur, for offences punishable under S 498A, 324, 323, 504, 506, read with S 34 of IPC and consequential proceedings of Regular Criminal Case before Judicial Magistrate Ahmedpur, to extent of petitioner nos 04 to 10, are hereby quashed and set aside - Bail bonds of petitioner nos 04 to 10, if any, stand cancelled - It is made clear, that R C C .No shall proceed as against original accused nos 01 to 03 on its own merits - Rule made absolute in above terms - Petition is allowed

JUDGMENT :

VIBHA KANKANWADI, J.

1. Rule. Rule made returnable forthwith. By consent, heard finally.

2. Present petition has been filed by the original accused persons invoking the inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973, and also under Articles 226 and 227 of the Constitution of India, in order to get the first information report and the charge-sheet based upon the said report quashed and set aside. It will not be out of place to mention at the first place, that by order dated 08. 11. 2017 of this Court, the writ petition has been withdrawn on behalf of petitioner nos. 01 to 03. Therefore, only the petition in respect of petitioner nos. 04 to 10 is for consideration now at the final stage.

3. Present petitioner nos. 04 to 10 have come with a case, that FIR vide C. R. No. 300/2016 came to be filed at the instance of respondent no. 02 - informant, at Police Station, Ahmedpur, District Latur, contending that the accused persons have committed offences punishable under Sections 498A, 324, 323, 504, 506, read with Section 34 of the Indian Penal Code. Petitioner no. 04 is the cousin father-in-law of the informant. Petitioner no. 05 is the wife of petitioner no. 04 (cousin mother-in-law). Petitioner nos. 06 and 08 are the married sisters-in-law. Petitioner nos. 07 and 09 are the husband of petitioner nos. 06 and 08, respectively. Petitioner no. 10 is the paternal cousin brother of the husband of respondent no. 02 - informant.

4. It is necessary to consider the contents of the FIR first and then the other material that has been collected. It has been contended by the informant, that she got married to petitioner no. 01 on 04. 05. 2012 at Yengewadi, Taluka Chakur, District Latur. They have daughter by name Mayuri. After the marriage, informant was treated properly for about six months. Thereafter accused nos. 01 to 03 started demanding amount of Rs. 10,00,000/- for the purchase of plot at Shirur Tajband and 10 Tola gold. When this fact was informed by the informant to the parents and relatives, they had pacified accused nos. 01 to 03. Accused nos. 01 to 03 did not pay any heed but they had beaten informant. In the meantime, Mayuri was born. The informant was under the impression that after birth of the daughter, she will not be harassed. However, accused nos. 01 to 03 used to harass her for the said demand. They had kept her starved and confined in the house. Accused nos. 04 to 10 i.e. petitioner nos. 04 to 10 used to instigate accused nos. 01 to 03 in order to harass her by beating. All of them used to insult the informant.

It is the case of the informant, that she was mentally and physically harassed. She was driven out of the house in February 2016, by taking out her Stridhan. Since then she is residing with her parents. All the accused persons came to her parent's house on 08. 08. 2016 at about 01.00 p. m. The informant felt that they all have come to take her back but all the accused persons immediately started abusing informant and her parents. They were asking as to why they are not fulfilling their demand, otherwise informant should take divorce. The informant, her parents and brother were beaten.

Threat was given to them and thereafter all the accused persons left. The informant has also stated that she had tried to lodge a report with Ahmedpur Police Station and sent a complaint by registered post when her oral complaint was refused. She had also given complaint to District Superintendent of Police, Latur. However, no action was taken and therefore she had filed private complaint before Judicial Magistrate (F.C.), Ahmedpur. The said complaint was sent for investigation under Section 156(3) of the Cr. P. C. and on the basis of the said order, FIR came to be lodged.

5. Investigation has been carried out in the nature of statements of witnesses and collection of certain documents and after completion of the investigation, charge-sheet has been filed before Judicial Magistrate (F.C.), Ahmed

















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
whatsapp-icon Back to top