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2KUby 8.Ey 1S 8H IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4410 OF 2024 WITH INTERIM APPLICATION (STAMP) NO. 22293 OF 2024 IN WRIT PETITION NO.4410 OF 2024 Subhash Shankarrao Jadhavar .. Petitioner Versus The State of Maharashtra and Anr. .. Respondents …

Mr. D.S. Mhaispurkar, for the Petitioner.

Mr. S.V. Gavand, APP, for the Respondent – State.

…

CORAM: BHARATI DANGRE &

MANJUSHA DESHPANDE, JJ.

DATED : 10th DECEMBER, 2024 P.C:-

1. Despite being assured that Respondent No. 2 shall remain present on the next date of hearing, he has failed to remain present and as indicated in our earlier order we have taken up the Writ Petition for hearing.

We have heard Mr. Mhaispurkar learned counsel for the petitioner as well as Mr. Gavand, the learned APP for the State. 2. The Petition seek quashing of C.R. No.146 of 2024, registered with Pangari Police Station, Solapur (Rural), which has invoked Sections 108, 80, 85, 115(2), 351(2), 351(3), and

3(5) of the Bharatiya Nyay Sanhita, 2023.

The complaint lodged at the instance of one Somnath Shridhar Mundhe, referred to the accusations from

28.05.2021 till 24.08.2024.

In the said C.R., apart from the petitioner who is arraigned as Accused No. 3, there are fve other persons who are arraigned as accused, and pursuant to the investigation carried out the charge-sheet is also fled, which forms part of the Petition.

3. The imputation of the charges leveled against the six accused persons on completion of the investigation reveal that deceased Anjali aged 25 years was married to Atul Jadhavar, the marriage being solemnized on 27.05.2022. It is the grievance raised by the complainant, that his sister immediately on the next date made a telephone call to him and narrated about the ill-treatment meted out to her by her in- laws on the ground that she has failed to bring any money, and she was ridiculed on the ground that in the marriage ceremony, they did not get due respect, which they commanded.

It is the case of the complainant that his sister was subjected to physical and mental torture, and when on 05.04.2024 she visited her parental house, she once again narrated to him the harassment faced by her, as she stated that her in-laws were constantly harassing her by saying that she may either commit suicide or may hang herself. But she was persuaded to return to her matrimonial house by the family members.

Further on 17.08.2024 when she had returned to her parental house on account of Rakshabandhan, she reiterated that she was facing torture on the ground that despite two years of marriage she had not begotten a child, but once again she was convinced to return to her matrimonial house.

On 23.08.2024, she was found to be dead after she had a telephonic communication with Anita Darade, and it is alleged that deceased Anjali specifcally referred to the six accused persons and narrated to her that for some or the other quibble in the house, she was being physically and mentally harassed and money was demanded from her.

4. It is in the wake of this complaint being lodged, the petitioner alongwith fve others was arraigned as accused and on completion of investigation the charge-sheet is fled.

The charge-sheet compile statements of witnesses, and we have gone through the said statements.

As far as the present petitioner is concerned, who is referred by the complainant to be the cousin father-in-law of his deceased sister, the statement of Shridhar Mundhe, Shakuntala Mundhe, Sambhaji Mundhe, Shivaji Bade as well as Datta Fad are perused, the statement of the complainant and the version of these witnesses appeared to be identical. Except for mention of the name of the petitioner with an allegation that, immediately on the next date of her marriage she was taunted by all the accused, on the ground that she had not brought money and they were not treated with honour during the marriage ceremony, t