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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
Rajesh S. Patil, Vibha Kankanwadi, JJ.
Narayan S/o. Eknath Devkar - Appellant
Vs.
State of Maharashtra - Respondent
Criminal Application No. 2230 Of 2020
Decided On : 25-07-2022
Abuse of Process of Law - Quashing of FIR - Sections 498-A, 323, 504, 506 r/w. 34 of IPC - [498-A, 323, 504, 506 r/w. 34 of IPC] - The court quashed and set aside the FIR and further proceedings as far as applicant Nos. 4 to 15 are concerned, who were far off relatives of the husband and had no role in the day-to-day affairs of the husband and his wife. The court found that the continuation of prosecution against applicant Nos. 4 to 15 would amount to an abuse of process of law.
Fact of the Case:
The husband filed for divorce, and soon after, the wife lodged a criminal complaint against the husband and 14 of his relatives, including distant relatives, resulting in the filing of an FIR. The applicants sought quashing of the FIR, arguing that the relatives had no role in the marital dispute and were being harassed.
Finding of the Court:
The court found that the relatives, who were far off and residing separately, had no involvement in the day-to-day affairs of the husband and his wife. It concluded that the continuation of prosecution against the relatives would amount to an abuse of process of law.
Issues: The main issue was whether the continuation of prosecution against the distant relatives of the husband, who had no role in the marital dispute, amounted to an abuse of process of law.
Ratio Decidendi: The court considered the provisions of Section 482 of the Cr.P.C. and relevant legal precedents to determine whether the allegations in the complaint and FIR prima facie established the ingredients of the offense alleged. It found that the continuation of prosecution against the distant relatives would amount to an abuse of process of law.
Final Decision: The court allowed the application by quashing and setting aside the FIR and further proceedings as far as applicant Nos. 4 to 15 are concerned, who were far off relatives of the husband and had no role in the day-to-day affairs of the husband and his wife.
JUDGEMENT :
Rajesh S. Patil, J.
1. By order dated 15.12.2020, notice was issued to Respondents for final disposal of the Criminal Application. After service, the Respondent No.2 (wife) appeared through her counsel. Matter was accordingly heard finally on 25.7.2022, when oral submissions were made by all the parties.
2. By the present application, the applicants are praying for quashing and setting aside the FIR bearing No. 0496 of 2020 registered at Georai Police Station, District Beed, registered under Sections 498-A, R CRAPLN 2230.20.odt 323, 504, 506 r/w. 34 of IPC.
A. FACTS :
3. Before mentioning the disputed facts, which gave rise to filing the present Criminal Application; few undisputed facts are that the respondent No.2(wife) and Applicant No. 1 (husband) got married on 25th January, 2019, at Gadhi, Tq, Georai, Dist. Beed. After marriage, the respondent No. 2 and applicant No. 1 were residing at native place, i.e. Dimakhwadi, Tq. Georai, Dist. Beed, for about 10 to 12 months. After the post marriage ceremonies were over, applicant No. 1 and respondent No. 2 started residing at Bhausaheb Nagar, Niphad Sugar Factory. The applicant No. 3 (father of applicant No. 1) had purchased one flat at Siddhkunj, Sawarkar Nagar, Satpur, Tq. and Dist. Nashik. The applicant No. 1 alongwith his wife shifted to that flat, and started residing separately.
4. It is stated in the Criminal Application that the initial period of marriage was happy period. But, after a period of around 3 months, there were differences in the married life. The senior members of the family tried to defuse the tension in the marital life of the applicant No.1 and respondent No.2.
5. It is further stated in the Criminal Application that as there was again fights and quarrel between applicant No.1 and respondent No.2, the applicant No.1, left the matrimonial house of applicant No.1 on 18.5.2020. It is further stated by applicant No. 1 that, thereafter, she started residing at a new address and threatened the applicant No.1 and his family members that she will implicate them in false complaint.
6. The Criminal Application further states that the applicant No.1 thereafter sent a legal notice on 22.7.2020 through his Advocate seeking divorce therein. The respondent No.2 replied to the said notice through her Advocate denying the contents of the notice of applicant No.1’s notice. So also, respondent No.2 (wife) sent a notice dated 20.8.2020 to the applicant No.1 demanding restitution of conjugal rights under Section 9 of the Hindu Marriage Act. The applicant No.1 replied to the said notice denying its contents and thereafter on 03.11.2020, filed Divorce Petition before the learned Civil Judge (Senior Division), Niphad, Dist. Nasik, on the ground of adulterous behaviour of the respondent No.2 (wife) being Petition bearing HMP No. 425 of 2020.
7. Soon thereafter, respondent No.2 (wife) lodged complaint on 7.11.2020 with the police against all the 15 applicants. The police thereafter filed an FIR bearing No. 0496 of 2020 under Sections 498-A, 323, 504, 506 r/w. 34 of IPC. All the applicants were shown as accused person. The said FIR No. 0496/2020 is challenged by all the applicants/accused, by filing the present Criminal Application No. 2230/2022, under Section 482 of the Code of Criminal Procedure. During the pendency of the present Criminal Application No. 2230/2022, charge sheet No. 1 of 2022 was filed on 30.3.2020 which is culminated in R.C.C. No. 130/2022, before the JMFC, Georai.
B. Submission of parties :-
8. Heard Mr. K.R. Doke for the applicants. Mr. S.D. Ghayal, learned APP for the State and Mr. S.R. Patil for the respondent No.2.
9. Learned counsel Mr. K.R. Doke submitted that only after the applicant No.1 filed divorce case before the Civil Judge (Senior Division) R CRAPLN 2230.20.odt Niphad, the Respondent No.2 lodged criminal complaint based on vague allegations aga
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