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138.21 CRAPLN.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 138 OF 2021

1.

Ashwini Anant Banait,

Age 40 years, Occ. Household,

R/o. Pawan Nagar, Raigad Chowk,

Nashik, Tq. & Dist. Nashik.

…. Applicant.

[Ori. Accused]

Versus

1.

The State of Maharashtra,

Through Investigation Officer,

Shanipeth Police Station,

‘

Jalgaon, Dist. Jalgaon.

2.

Sau. Pooj Akshay Amodkar

Age 29 years, occ. Househo,d

R/o. C/o. Satish Namdeo Warulkar,

Dnyandev, Block No.20, Gut No.57,

Plot No.20, Sundar Nagar,

In front of Bank Colony, Old Khedi Road,

Shanti Peth, Jalgaon,

Tq.and Dist. Jalgaon.

…. Respondents

[Res. No. 2 Ori. Complainant]

Advocate for Applicant : Mr. Ishwar K. Wagh h/f. Adv. More Kumar

Gaurav M.

APP for Respondent No. 1 : Mr. R.V. Dasalkar,

Advocate for Respondent No. 2 : Mrs. Priyanka Shinde (appointed)

CORAM : SMT. VIBHA KANKANWADI

& RAJESH S. PATIL, JJ.

DATE : 25^th AUGUST, 2022.

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138.21 CRAPLN.odt

JUDGMENT [PER : RAJESH S. PATIL, J.] :-

1]

By the present application, the applicant is praying for

quashing and setting aside the FIR bearing No. 0192 of 2020 registered

at Shanipeth Police Station, Jalgaon under Sections 498-A, 406, 511,

323, 504, 506, 294, 295 r/w. 34 of IPC and resultant Criminal proceeding

bearing RCC No. 4 of 2021.

A.

FACTS :

2]

The allegations in the FIR are that the respondent

No.2(wife)and brother of the applicant, namely, Akshay Vijay Amodkar

got married on 25^th November, 2017, at Bhusawal. It is contended in the

FIR that the parents of the respondent No.2 gave gold ornaments and

costly items. She has alleged that from the very first day of her marriage

the father in law, mother in law and sister in law started ill-treatment and

harassment to her on one count or the other. The father in law and

mother in law used to say that her parents have not given proper respect

to them, they have not given the dowry amount.

3]

The respondent No.2 has alleged that another sister in law

namely, Arti Amodkar, being an Advocate knows the loopholes of law

and she used to get annoyed with her and used to say that respondent

No.2 is not suitable for her brother as respondent No.2 was not earning.

It is further alleged that the applicant used to insult and abuse her and

used to threaten her with legal action.

4]

So far as the present applicant – Ashwini is concerned, it is

alleged that when she came to Bhusawal, the applicant told her that as

respondent No.2 has passed B.Sc. by using illegal means (copying) and

hence, her husband does not like her and that he has informed Ashwini

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138.21 CRAPLN.odt

that he does not need wife and he has married for name sake and by

saying so, she snatched her ornaments and gave her a fake Mangalsutra.

5]

The respondent No.2 has made various allegations, but since

those relates to other accused, we do not want to dwell upon those

allegations, as the present application is filed by only one applicant

(sister-in-law of respondent No.2).

B.

Submission of parties :-

6]

Heard Mr. K.M. More, Advocate for the applicant. Mr. R.V.

Dashalkar, learned APP for the State and Miss Priyanka Shinde, Advocate

for the respondent No.2.

7]

Learned counsel Mr. More submitted that the allegations

against the present applicant are vague and omnibus in nature.

According to him, the applicant was married in the year 1996 being

resident of Pawan Nagar, Raigad Road, 4^th Scheme, Nashik, is having a

separate residence and therefore, there is no question of her harassing

the respondent No.2, while Respondent No.2 got married to Applicant’

s

brother on 25.11.2017. He, therefore, submits that the applicant being

no way conc