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BOMBAY HIGH COURT
Vibha Kankanwadi and S.G. Chapalgaonkar, JJ.
Chandrakant and Ors. – Petitioners
versus
State of Maharashtra through its Principal Secretary and Ors. – Respondents
Criminal Writ Petition No.1155 of 2022 and Criminal Application No.1922 of 2022
Decided on 18.11.2024
Counsel for the Parties:
For the Petitioners:Mr. N.K. Tungar, Advocate
For the Respondent No.3:Mr. A.B. Kadethankar, Advocate
For the Respondent Nos.1, 2, 4 and 5: Mr. A.V. Lavte, APP
For the Respondent No.2:Mr. Vishal A. Kakade, h/f Mr. Shaikh Majhar A. Jahagirdar, Advocate
IMPORTANT POINT
Chequered matrimonial disputes should not be taken to Criminal Courts.
Headnote:
Indian Penal Code, 1860 – Sections 109, 120B, 34, 447, 451, 452 and 384 [Bharatiya Nyaya Sanhita, 2023 – Sections 49, 61(2), 3(5), 329(3), 332(c), 333 and 308(2)] – Criminal Procedure Code, 1973 – Section 482 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 528] – Abetment, conspiracy, common intention, house trespass and extortion – Quashing petition – To make out an offence under Section 451, there has to be house trespass in order to commit offence – Section 452 provides for punishment for house trespass after preparation for hurt, assault or wrongful restraint – Allegations in FIR or evidence collected during course of investigation nowhere suggest that entry of petitioners in house was with criminal intent – They being parents of wife of respondent, they were invited by her and residing at her pleasure – In that view of the matter, no offence can be made out against applicants in facts and circumstances of case – Criminal proceeding in such matters would be abuse of process of law – Chequered matrimonial dispute is taking toll of process of law – It is difficult to find out who is at fault; but, fact remains that machinery of Police and Courts has been exerted by parties – FIR under Sections 109, 120-B, 34, 447, 451, 452, 384 of Indian Penal Code, 1860 quashed and set aside alongwith consequential criminal proceeding. (Paras 10, 14 and 16)
Result: Criminal Writ petition No. 1155 of 2022 partly allowed. Criminal Application No. 1922 of 2022 partly allowed.
JUDGMENT
S.G. Chapalgaonkar, J.—The petitioners have approached this Court under Article 226 of the Constitution of India read with Section 482 of Cr.PC. seeking relief of quashment of FIR no.119 of 2022 registered with Bhagyanagar Police Station, for the offences punishable under Sections 109, 120B, 34, 447, 451, 452, 384 of IPC.
2. Criminal Writ Petition No. 1155 of 2022 contains some additional prayers seeking direction against respondent No.1 to initiate inquiry against respondent No.6 for alleged misuse of post and power as a Judicial Officer with help of Police authorities to register false and imaginary offence against the petitioners. One more prayer is made for a direction to initiate inquiry against the respondent No.5 (Investigation Officer) for registering a false and imaginary offence against the petitioners without proper inquiry as per law laid down by Hon’ble Supreme Court of India in Lalita Kumari vs. Government of UP and others.
3. Respondent No.6 lodged FIR dated 11.9.2022 with Bhagya Nagar Police station alleging that accused persons hatched conspiracy with a view to earn benefit of maintenance amount through his wife Sarika, who is a psychiatric patient. He alleges that in the month of June, 2019, he has been transferred as Ad-hoc District Judge Nanded. Since July, 2021, he has been posted at Biloli. It is alleged that in 2007, he married with Sarika and blessed with two children from said matrimonial relationship. His wife is a Schizophrenic patient and under supervision of experts. However, taking disadvantage of the situation, her parents, brother and relatives are creating obstacles in providing medical aid to his wife with intention to take undue benefit of her poor mental health and extract financial and other consequential benefits from the informant. In 2023, an offence was registered against them with Police Station, Washim. However, settlement was arrived by before Hon’ble High Court. Despite previous settlement, the accused persons are persistent in taking disadvantage of the Schizophrenic condition of his wife and instigates her to file various proceedings for maintenance. Now are residing in his flat at Biloli, knowing well that he has entered in to agreement for sale with Renapurkar Builders and possession is to be handed over to purchaser. Although he has been transferred to Sangamner, accused persons are creating obstacles in taking his children to the School at Sangamner and blackmailing him through his wife.
4. On 10.4.2022 at about 7.00 a.m., accused persons entered in his house with criminal intention. When he visited home at Biloli so as to meet his wife and children, the accused persons prevented his wife from opening the door and restrained him from entering in the house. Thereafter, he gave call to police. Smt. Vathore Madam, API arrived on the spot alongwith her co-officers and requested his wife to open the door. She was prevented by accused persons from doing so. The accused persons are creating hurdles in transfer of the flat. They are prosecuting various proceedings by instigating his wife against him. They are also preventing him from taking out important documents kept in Flat. They have illegally entered in the house with criminal intent and instigated his wife to raise false allegations and file proceeding against him with intention to earn benefit through maintenance amount.
5. On the basis of aforesaid report Crime No. 0119 of 2022 has been registered with police station, Bhagyanagar Nanded, against in all six accused persons. The investigation progressed and charge sheet has been filed. Eventually, RCC No. 366 of 2023 is registered and pending before JMFC, Nanded. The applicants in Criminal W.P. No. 1155 of 2022 are parents and brother of Sarika-wife of the informant and applicants in Criminal W.P. NO. 1922 of 2022 are distant relatives i.e. in-laws of sister of Sarika.
6. Mr. N.K. Tungar, learned advocate for the petitioners invites our attention to the list of civil an
