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2022 Supreme(Bom) 1197

IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
V.K.Jadhav, Sandipkumar C.More, JJ.
Laxmikant - Appellant
Versus
State Of Maharashtra - Respondent
Criminal Application No. 1004 of 2021
Decided On : 07-04-2022

Advocates appeared:
K.M.Shermale, Advocate, Yogesh Jadhav, Advocate, S.S.Dande, Advocate, S.B.Wakhare, Advocate

The judgment established the principle that in cases of over-implication and when allegations do not make out any case, the court can quash the proceedings.

Headnote:

Sec. 498-A - Quashing of F.I.R. - Indian Penal Code

Fact of the Case:

The applicants sought quashing of the F.I.R. registered for offenses under Ss. 498-A, 406, 323, 354, 504, 506 read with Sec. 34 of the Indian Penal Code. The allegations were mainly against the co-accused husband, father-in-law, and mother-in-law.

Finding of the Court:

The court found that the allegations against the married sisters-in-law and daughter of the sister-in-law did not attract the provisions of Sec. 498-A of I.P.C. It concluded that even if the allegations were proved, no case was made out and it was a case of over-implication, leading to an abuse of the court's process.

Issues: The main issue was whether the allegations against the applicants warranted the continuation of the proceedings under Sec. 498-A of I.P.C.

Ratio Decidendi: The court applied the principle that if the allegations are absurd or do not make out any case, the proceedings can be quashed. It also emphasized the need for caution in matrimonial cases when omnibus allegations are made against relatives who are not generally concerned with the affairs of the couple.

Final Decision: The Criminal Application was allowed to the extent of applicant Nos.4 to 8 and accordingly disposed of.

JUDGMENT

1. Leave to insert Sec. 377 of the Indian Penal Code in prayer clause [B] alongwith other Sec. .

2. Heard fnally with consent at the admission stage.

3. Learned Counsel for the applicants, on instructions, seeks leave to withdraw the application of applicant Nos.1 to 3.

4. Leave granted.

5. Application of applicant No.1 Laxmikant Kachru Kahar (husband of respondent No.2.), applicant No.2 Kachru Laxman Kahar (father-in-law of respondent No.2) and applicant No. 3 Vimal Kachru Kahar (mother-in-law of respondent No.2) is hereby dismissed as withdrawn.

6. The applicants before us are seeking quashing of the F.I.R. bearing Crime No.55 of 2021 registered with Loni Police Station, Taluka Rahata, District Ahmednagar for the offences punishable under Ss. 498-A, 406, 323, 354, 504, 506 read with Sec. 34 of the Indian Penal Code.

7. Learned Counsel for the applicants submits that applicant Nos. 4, 5, 6 and 7 are the married sisters-in-law of respondent No.2. They are residing at different places alongwith their respective husbands. Applicant No.8 is the daughter of applicant No. 4 Sindhu. Learned Counsel submits that though there are allegations against them by referring the incident alleged occurred on 6/6/2017, however, those allegations prima facie do not attract the provisions of Sec. 498-A of I.P.C. Learned Counsel submits that the allegations have been made mainly against co-accused husband, father-in-law and mother-in-law whose application seeking quashing of F.I.R. came to be withdrawn today. Learned Counsel submits that even in respect of the incident dtd. 6/6/2017, the allegations appears to be general in nature. It is not clear from the allegations as to why all the sisters-in-law had come to their parents house on 6/6/2017. Learned Counsel submits that further there is no reference as to what happened till 11/11/2019. Learned Counsel submits that even after the alleged incident dtd. 6/6/2017 and thereafter also the allegations have been made mainly against the co-accused husband, father-in-law and mother-in-law. Learned Counsel for the applicants submits that on the similar set of allegations the learned Single Judge of this Court has quashed the proceedings under the provisions of Domestic Violence Act to the extent of the applicants before this Court excluding the husband, mother-in-law and father-in-law.

8. Learned Counsel for respondent No. 2 - informant submits that respondent No. 2 was treated well for a period of 8 days after the marriage which was solemnized on 21/11/2016. Thereafter she was subjected to ill-treatment on account of non-fulfllment of the demand of Rs.25,00,000.00 for construction of Farm House. Learned Counsel submits that even father of respondent No. 2 had paid certain amount to co-accused husband to fulfll the said demand partly. Learned Counsel submits that even the co-accused father-in- law has misbehaved with respondent No.2- informant on one occasion. Learned Counsel submits that the co-accused husband despite his marriage with respondent No.2, has registered his name in one Marriage Bureau and tried to cheat one girl by name Amita Dongre from Raipur, Chhattisgarh State. Learned Counsel submits that the allegations as against the applicants are serious in nature. There is a triable case against all of them. There is no substance in this criminal application and the same is liable to be dismissed.

9. We have heard learned A.P.P. for the respondent No.1 - State.

10. We have carefully gone through the contents of complaint and also perused the police papers. It appears that except the incident dtd. 6/6/2017, there are no allegations against these applicants. Applicant Nos.4 to 7, aged 46 years, 40 years, 46 years and 39 years respectively, are the married sisters-in-law of respondent No.2. Though there are certain allegations in respect of the incident allegedly occurred on 6/6/2017, however, the said incident is the sole incident wherein certain allegations have been made against these appl

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