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IN THE HIGH COURT OF BOMBAY, (AURANGABAD BENCH)
Rajesh S. Patil, Vibha Kankanwadi, JJ.
Pranita W/o. Ganeshrao Bobade & Anr. – Petitioners
Versus
The State of Maharashtra & Anr. – Respondents
Criminal Application No. 3252 Of 2021
Decided On : 05-09-2022
Section 482 - Quashing of FIR - Indian Penal Code, Sections 498-A, 323, 504, 506 read with 34 - Summary
Fact of the Case:
The respondent No. 2 filed an FIR against the applicants, accusing them of ill-treatment and harassment under Sections 498-A, 504, 506 read with Section 34 of the Indian Penal Code. The applicants sought to quash the FIR under Section 482 of the Criminal Procedure Code.
Finding of the Court:
The court found that the allegations against the applicants were omnibus in nature and lacked specific overt acts attributed to them. It was noted that the applicants resided separately and had no direct nexus with the complainant's allegations. Citing previous cases, the court concluded that the prosecution against the applicants was an abuse of process of law, and therefore, quashed the FIR against them.
Issues: The main issue was whether the FIR against the applicants, accused of ill-treatment and harassment, should be quashed under Section 482 of the Criminal Procedure Code.
Ratio Decidendi: The court's decision was based on the lack of specific allegations against the applicants and their separate residence, leading to the conclusion that the prosecution against them was an abuse of process of law.
Final Decision: The court allowed the criminal application and quashed the FIR against the applicants.
JUDGMENT :
Rajesh S. Patil, J.
1. By the present application filed under Section 482 of the Code of Criminal Procedure, the applicants who are arrayed as accused Nos. 4 and 5, are praying for quashing and setting aside First Information Report vide Crime No. 137/2021, registered with Police Station Shirsala, Tq. Dharur, District Beed, for the offences punishable under Sections 498- A, 323, 504, 506 read with 34 of the Indian Penal Code and for quashing of charge-sheet bearing No. 111/2021 which is culminated into RCC No. 04/2022, which is pending before Judicial Magistrate First Class, Dharur, District Beed.
A. FACTS :
2. The respondent No. 2 has lodged FIR which is registered as Crime No. 0137 of 2021. It reports that the respondent No. 2 got married with Santosh Madhukar Sarvade on 08.05.2014, as per hindu rites and customs by following all rituals and respects and by giving articles. Said marriage was performed by her parents at village Didurd. After marriage she went at her matrimonial house for cohabitation, there her husband and in-laws treated well for two years. It is further alleged that, thereafter her in-laws asked her to bring Rs. 6 Lakhs for the business of sell and purchase of vehicles and for finance purpose of her husband Santosh and started to tease her by giving physical and mental harassment and troubling her. She told the said demand to her parents and brother, whenever she use to visit her parental house on festival occasions or in ordinary visits to her parents.
3. It is further alleged that, her parents gave understanding to the accused persons as their financial position is very poor, they showed their inability to pay. The complainant / informant gave the reply in above manner. However, the in-laws were not ready to listen and were giving continuous trouble and harassment to her. Though there was harassment, she resided with her husband with a hope that there would be change in the nature. However, her husband and in-laws asked her to bring the amount demanded by them, otherwise they will not allow her to cohabit and since last three to three and half years, they have driven her out of house along with her son. Thereafter, she along with her parents, brother and other relatives have tried to convince the in-laws and her husband. However, the accused persons did not concur with the same. As such, she filed a complaint with the Mahila Takrar Nivaran Kendra Beed, however, there also her husband and other members from her matrimonial house did not come. Thereafter her in-laws came at her parental village Mohkhed and abused her and threatened to kill her as to why she has given application against them with the Mahila Takrar Nivaran Kendra, Beed. On 15.07.2021, one letter was given from Mahila Takrar Nivaran Kendra Beed, directing her to take appropriate steps; and as such, she filed complaint with the respondent No. 1 police station, thereby, requesting to take action against the accused persons. On the basis of above said complaint offence bearing Crime No. 137/2021 came to be registered with Police Station Shirsala, Tq. Dharur, Dist. Beed for the offence punishable under Sections 498-A, 504, 506 read with Section 34 of the Indian Penal Code.
4. After completion of the investigation the police have filed charge sheet No. 111/2021 on 18.12.2021 in the Court of learned Judicial Magistrate First Class, Dharur Dist. Beed. On the basis of the same criminal case bearing R.C.C. No. 04/2022 came to be registered against the applicants under Sections 498-A, 504, 506 read with Section 34 of I.P.C.
5. The applicants being dissatisfied by registration of Crime No. 137/2021 registered on 21.07.2021 with Police Station Shirsala, Tq. Dharur, Dist. Beed for the offence punishable under Sections 498-A, 504, 506 read with Section 34 of the Indian Penal Code, the applicants have filed this criminal application under section 482 of the Criminal Procedure Code, before this Hon’ble Court for quashing of the FIR.
B. SUBMISSION OF PART
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