Advocates:
['SALUNKE SUDARSHAN J', 'COPY SERVED ON PP', '', 'KOLHARE S R AND KOCHAR PUNDLIK S', 'RANJANA D REDDY', 'Kochar Pundlik S', 'Kochar Pundlik S Kolhare S R']

CriAppln-1374-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 1374 OF 2020

1]

Pemrao Balaji Shinde

(Named as Premrao in F.I.R.)

Age-38 years, Occupation - Labour,

R/o. Haldav, Tq. Loha, Dist. Nanded.

At present – Chandan Nagar,

By-Pass, Pune.

2]

Sambhaji Kondiba Kalhale

Age-46 years, Occupation-Business,

R/o. Shivshankar Chal, Kranti Nagar,

Akroli Road, Kandivali (East),

Mumbai-400 101.

3]

Balaji Dadarao Kalhale

Age-70 years, Occupation-Agriculture,

R/o. Dagad Sangavi, Tq. Loha,

Dist. Nanded.

4]

Rameshwar Dadarao Kalhale

Age-43 years, Occupation-Business,

R/o. R.M. 121/6, M.I.D.C., Waluj,

Aurangabad.

5]

Rekha Rameshwar Kalhale

Age-35 years, Occupation-Household,

R/o. R.M. 121/6, M.I.D.C., Waluj,

Aurangabad.

6]

Dhondubai Balaji Kalhale

Age-60 years, Occupation-Housewife,

R/o. Dagad Sangavi, Tq. Loha, Dist. Nanded.

7]

Ganpat Balaji Kalhale

Age-38 years, Occupation-Business,

R/o. R.H.30/1, Bajaj Nagar, Waluj M.I.D.C.,

Aurangabad.

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8]

Uttam Prabhakar @ Prabhu Fajge

Age-69 years, Occupation-Agriculture,

R/o. Dagad Sangavi, Tq. Loha, Dist. Nanded.

9]

Vyankat Prabhakar @ Prabhu Fajge

(Named as Vyankati in F.I.R.)

Age-47 years, Occupation-Agriculture,

R/o. Dagad Sangavi, Tq. Loha, Dist. Nanded.

10] Rukhmin Uttam Fajge

Age-46 years, Occupation-Housewife,

R/o. Dagad Sangavi, Tq. Loha,

Dist. Nanded.

… Applicants

[orig. accused nos. 10 to 19]

Versus

1]

The State of Maharashtra,

Through Police Station Malakoli,

Dist. Nanded.

2]

Sunita w/o Nagorao Kalhale @

Sunita d/o Kishanrao Daithanekar

Age-27 years, Occupation-Household,

R/o. C/o Kishanrao Honaji Daithanekar

Daithana, Tq. Kandhar, Dist. Nanded.

… Respondents

[Respondent No.2 orig Informant]

…..

Mr. Ashwini A. Lomte, Advocate h/f Mr. S. J. Salunke, Advocate for the

Applicants.

Mr. A. M. Phule, APP for Respondent No.1-State.

Ms. Ranjana D. Reddy, Advocate for Respondent No.2 (absent)

…..

CORAM : SMT. VIBHA KANKANWADI AND

ABHAY S. WAGHWASE, JJ.

DATE : 06.12.2022

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JUDGMENT (ABHAY S. WAGHWASE, J.) :

1.

The present applicants, who are in-laws of respondent no.2 Sunita, are

seeking quashing of FIR No. 147 of 2020 registered with Malakoli Police

Station, District Nanded for the offences punishable under Sections 498-A,

323, 504, 506 r/w 34 of the Indian Penal Code (for short, “IPC”) and the

consequent proceedings, i.e. by invoking the inherent powers of this Court

under Section 482 of the Code of Criminal Procedure (for short, “Cr.P.C.”)

2.

Respondent no.2 Sunita informed the police that, she was married to

non-applicant Nagorao on 27.01.2009. After marriage, she came to reside with

her husband and in-laws. According to her, immediately after marriage, she

was taunted on account of her looks and for bringing less dowry and further

asked her to bring Rs.5,00,000/- and on such count, she was subjected to

physical and mental cruelty and even beating, and she was driven out of the

house. After few days, as there was marriage of her sister-in-law, her in-laws

called her back and at such time they raised a demand of Rs.5,00,000/- for

proposed marriage of her sister-in-law. They threatened her that they would

not allow her to stay if she fails to bring the amount. She alleged that her

husband beat her. According to her, in 2012 Rs.50,000/- was paid. She further

claims that that by selling her stree dhan she set up a shop, but accused

threatened her that they would not allow her to run the shop. She claims that

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her maternal uncle had given Rs.2,00,000/- for setting up the shop. However,

all accused did not allow her to stay and therefore, she came back to her

house. Consequently, she levelled allegations against mother-in-law, father-in-

law, sisters-in-law, who were quarreling with her and suspecting her character.

Hence she lodged the FIR.

On the strength of above complaint, crime was registered for above

offe