IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 342 OF 2022

1) Ramdas @ Rama s/o Popat Adhav Age: 45 years, Occu.: Agriculture, R/o. Yewati, Tq.Shrigondha, Dist.Ahmadnagar.

2) Dada s/o Popat Adhav Age: 42 years, Occu.: Agriculture, R/o. Yewati, Tq. Shrigondha, Dist.Ahmadnagar.

3) Popat s/o Sakharam Adhav Age: 71 years, Occu.: Agriculture, R/o. Yewati, Tq. Shrigondha, Dist. Ahmadnagar.

4) Jijabai w/o. Popat Adhav Age: 66 years, Occu.: Agriculture, R/o. Yewati, Tq. Shrigondha, Dist. Ahmadnagar. … Applicants.

Versus

1) The State of Maharashtra, Through Police Inspector, Belwandi Police Station, Tq. Shrigondha, Dist. Ahmadnagar. 2) Chhaya Wd/o. Gautam Adhav Age: 36 years, Occu. : Agriculture, R/o. Yewati, Tq. Shrigondha, Dist. Ahmadnagar. … Respondents (Resp. No.2 Original Complainant)

. . .

Mr.Vijay Vasantrao Deshmukh , Advocate for Applicants.

Mr.M.M.Nerlikar, APP for Respondent No.1-State.

Ms.Sunita G. Sonawane, Advocate for Respondent No.2 . . .

CORAM : SMT. VIBHA KANKANWADI AND ABHAY S. WAGHWASE, JJ.

DATE : 16th December, 2022 JUDGMENT (PER ABHAY S. WAGHWASE, J.) :

. All applicants herein have prayed for quashing FIR and charge-sheet arising out of Crime bearing No.0348 of 2021 registered at Belwandi Police Station, District Ahmednagar on 18-08-2021 for the offence punishable under Sections 306, 420, 504, 506 read with Section 34 of the Indian Penal Code (IPC).

2. Brief facts leading to registration of crime :

Informant, who is wife of deceased Gautam Bhanudas Adhav, has set law in motion alleging that, three and half acres land was standing in the name of her husband Gautam. Out of said land, Ramdas has purchased half acre land, however, she was unaware about it. When 7/12 extract was obtained, only one and half acre land was reflected in the name of her deceased husband. When she learnt about it, she questioned her deceased husband, who told her that by cheating him Ramdas had got sale deed executed to the extent of one and half acre land. According to informant, such transaction was behind back of the family. Therefore, a meeting was held in the village but Ramdas flatly denied to return the land and moreover, demanded Rs.21,00,000/- that too in a period of month. In spite of repeated demand by the deceased to accused Ramdas to return the land, Ramdas and his family members abused him. Therefore, getting fed-up of the same, Gautam hanged himself to a tree on the intervening night of 17-08-2021 and 18-08-2021. That, deceased Gautam had written a suicide note before hanging himself and a chit to that extent was seized by Police machinery. Therein, present applicants are named and hence, crime was registered against Ramdas Popat Adhav, Dada Popat Adhav, Popat Sakharam Adhav and Jijabai Popat Adhav i.e. present applicants.

In the light of such allegations, investigation machinery swung into action and carried out investigation and finally after investigation, charge-

sheet has been filed in the Court of law.

It is above crime and consequential charge-sheet, which is sought to be quashed and set aside by exercising inherent powers under Section 482 of Cr.P.C.

Submissions

3. Learned Advocate for the applicants submits that FIR is apparently false, afterthought and filed with ulterior motive. He pointed out that present applicants are related to deceased. Deceased Gautam was in financial crisis and he also had bad vices and under such circumstances, he himself entered into sale transactions. Said transactions were duly registered. Learned Advocate invited our attention to both the sale deeds brought on record. According to him, there is no whisper about transactions to be out of money lending transaction. According to him, it was pure sale transaction and deceased was in dire need of money. Therefore, it is his submission that false allegations are levelled in the FIR of money being borrowed and land being kept mortgaged and that exorbitant interest was charged.

Learned Advocate for the applicants also pointed