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908 APPLN.2254.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

908 CRIMINAL APPLICATION NO.2254 OF 2019

1.

Janardhan Govind Bibe,

2.

Baydabai Janardhan Bibe,

3.

Govind Janardhan Bibe,

4.

Rupali Govind Bibe,

5.

Mangal Sanjay Gadhave,

6.

Sanjay Tukaram Gadhave,

7.

Anita Narayan Atole,

8.

Narayan Sambhaji Atole.

… Applicants

Versus

1.

The State of Maharashtra.

2.

Monika Ramesh Bibe.

… Respondents

...

Mr. Satyajit S. Bora, Advocate for Applicants.

Mr. K. S. Patil, APP for Respondent/State.

Mr. Sudarshan J. Salunke, Advocate for Respondent No. 2.

...

CORAM :

SARANG V. KOTWAL AND

BHARAT P. DESHPANDE, JJ.

DATE :

23^rd June, 2022.

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908 APPLN.2254.2019.odt

PER COURT:

.

This is an application for quashing of criminal proceedings

pending vide R.C.C. No.5 of 2016 in the Court of 2^nd Joint Judicial

Magistrate First Class, Ashti, District Beed under Sections 498-A, 323,

504 and 506 read with 34 of the Indian Penal Code. The case arises

out of investigation into the offence registered vide C.R. No.74 of 2015

at Ambhora Police Station, Ashti, District Beed.

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The FIR is lodged by the informant Monika. She was

married to Ramesh Bibe. All the applicants are relatives of Ramesh.

The applicant Nos.1 and 2 are his parents. The applicant No.3 is his

brother. The applicant No.4 is wife of applicant No.3. The applicant

No.5 is Ramesh’s sister. The applicant No.6 is the applicant No.5’s

husband. The applicant No.7 is Ramesh’s another sister and the

applicant No.8 is the husband of the applicant No.7.

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The FIR mentions that the informant was married with

Ramesh on 30^th May, 2013. After her marriage, she went to reside in

her matrimonial house with Ramesh at Goyegaon, Taluka Karmala,

District Solapur. The family consisted of Ramesh, his parents, his

brother applicant No.3 Govind and Govind’s wife applicant No.4.

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908 APPLN.2254.2019.odt

Ramesh was employed in S.R.P. at Daund and he was residing at

Daund. He used to visit Goyegaon on holidays. It is mentioned in the

FIR that other applicants used to visit the informant’s matrimonial

house frequently. There are general allegations that during that time

all the accused including all the applicants used to pass offensive

remarks and used to cause physical and mental harassment to the

informant. There are general allegations that all the accused Nos.1 to

9 used to tell the informant to bring money from her father. The FIR

further mentions that she came to know that her husband Ramesh was

having extramarital affair with a lady. That lady came to the house of

Ramesh at Daund and there was quarrel. After that, there was some

compromise between Ramesh and that lady. After that, her husband

Ramesh started causing more harassment to the informant. In

September, 2014, the couple was blessed with a child. It is her case

that nobody visited to see her newborn son. After that, the informant

approached the Court under the provisions of the Protection of Women

from Domestic Violence Act. On 21^st April, 2015, a compromise was

entered in those proceedings. On 26^th April, 2015, the informant went

to reside at Goyegaon. She was accompanied by the applicant No.1.

The FIR mentions that again there all the accused including all the

applicants caused harassment to the informant. It is alleged that they

demanded cost of litigation incurred by their family. They demanded

Rs.2,00,000/- for that purpose. On 18^th May, 2015, the informant went

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908 APPLN.2254.2019.odt

to Daund to reside with Ramesh. The FIR mentions that on the

instigation of all the applicants, Ramesh assaulted her and demanded

money. On 19^th June, 2015, Ramesh asked her to leave the house.

She immediately gave complaint to police station at Daund and since

then she was residing with her uncle and aunt at Dongan, Taluka Ashti.

On 28^th June, 2015 in the night, all the accused allegedly went to that

place and threatened the informant and her relatives. On this basis,

s