Rajesh S/o Himmat Pundkar vs State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Bom) 2056

SUNIL B. SHUKRE, G. A. SANAP
Rajesh S/o Himmat Pundkar – Appellant
Versus
State of Maharashtra – Respondent

Advocates Appeared:
Mr. A.B. Moon, Advocate for applicants, for the Appellant; Mr. I.J. Damle, APP for respondent No.1/State.Ms Kirti Satpute, Advocate for respondent No.2

JUDGMENT

Sunil B. Shukre, J. - Heard. Rule. Rule is made returnable forthwith. Heard finally by consent of learned counsel for the parties.

2. The applicants who are accused Nos.1 to 6 in Crime No.62/2022 registered at Police Station Akot District Akola for the offence punishable under Section 498 read with Section 34 of the Indian Penal Code have approached this Court seeking quashing of the First Information Report.

3. It is the contention of the learned counsel for the applicants that the First Information Report has been registered under Section 498 of the Indian Penal Code and this offence is not the offence of cruelty but offence of enticing or taking away or detaining with criminal intent a married woman, which offence is not at all disclosed by the allegations made in the complaint filed against the applicants.

4. We have gone through the printed First Information Report and as rightly submitted by learned APP, there appears to be a typographical error in registering the offence. The Investigating Officer ought to have registered the offence punishable under Section 498-A of the Indian Penal Code which is an offence of cruelty by husband against his wife. Then, in the case diar

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