Chetankumar Jain, s/o Late. Shri Vilas Jain vs State of Goa, Through Police Inspector, Women’s Cell, Panaji

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Bom) 865

M. S. KARNIK, VALMIKI MENEZES
Chetankumar Jain, s/o Late. Shri Vilas Jain – Appellant
Versus
State of Goa, Through Police Inspector, Women’s Cell, Panaji – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Ms Anarkali A. Agni, Senior Advocate with Ms Afrin Harihar Khanm, Advocate
For the Respondent:Mr Shailendra G. Bhobe, Public Prosecutor, Ms Tejaswini Kole, Advocate with Mr Ashwin Naik, Advocate

JUDGMENT :

Valmiki Menezes, J.

1. Rule. Rule made returnable forthwith and by consent of the parties, the petition is disposed of finally.

2. This Criminal Writ Petition invokes our jurisdiction under Article 226 of the Constitution of India as also our inherent powers under Section 482 of the Code of Criminal Procedure 1973. The petition seeks the quashing of a First Information Report bearing No.8/22 dated 19.09.2022 filed by the Respondent No.3 before the Women’s Police Station, North Goa alleging an offence committed by the two Petitioners under Section 498-A r/w Section 34 IPC. After the petition was filed, a Charge-Sheet/Final Report came to be filed before the Magistrate bearing No.95/23/E dated June 2023 which was also challenged after the petition was amended.

3. The Petitioner No.1 is the husband of the Respondent No.3 Complainant. It is not in dispute that their marriage was solemnized according to Hindu rites on 01.05.2007 at Hyderabad after which the marriage was registered at Nagpur, Maharashtra on 26.02.2020. It is also not in dispute that a son was born to the couple, who is now around 15 years old.

Petitioner No.2 is the mother of the Petitioner No.1 aged about 66 years