Advocates:
['LADDA SAGAR S', '', 'SANJAY BHOJWANI', 'COPY SERVED ON PP', '', 'KOTHARI PRATIK P', 'Dr Nandedkar Sahebrao G']

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH

AT AURANGABAD

42 CRIMINAL APPLICATION NO. 2391 OF 2020

SWAPNIL SATISH PANGARKAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

.....

Advocate for Applicants : Mr. Sanjay Bhojwani

APP for Respondent No.1 : Mr. M. M Nerlikar

Advocate for Respondent No.2 : Mr. P. P. Kothari

.....

CORAM : SARANG V. KOTWAL

BHARAT P. DESHPANDE, JJ.

DATED : 04 JULY 2022

PER COURT:-

1.

This is an application for quashing of the FIR registered vide

C.R.No. 364 of 2020 at Udgir Rural Police Station, Tq. Udgir, District

Latur, resulting in Spl. Case No. 18 of 2021 pending on the file of

learned Ad-hoc District Judge-1, Udgir. The charge-sheet is filed under

Sections 498-A, 323, 504, 506 r/w 34 of IPC and under Sections 3(1)

(a), 3(1)(s), 3(1)(12), 3(1)(z), 3(1)(r) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short,

“Atrocities Act”).

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2.

Heard Mr. Bhojwani, learned counsel for the applicants, Mr.

Nerlikar, learned APP for respondent no.1 State and Mr. Kothari,

learned counsel for respondent no.2.

3.

The F.I.R. is lodged by the wife of applicant no.1. Applicant nos.

2 and 3 are parents of applicant no.1, applicant no.4 is applicant no.1’s

sister and applicant no.5 is husband of applicant no.4.

4.

The F.I.R. is lodged by the informant on 22.09.2020. She has

stated that she got married with applicant no.1 on 19.02.2017. He is

not a member of a scheduled caste or a scheduled tribe. She had spent

for the entire expenditure of marriage. Applicant no.1 had got

acquainted with the informant during their C.A. class. The informant

got a job in December 2012 and she was earning good salary. Applicant

no.1, knowing that, deliberately with greedy intention, developed

friendship with her and proposed for marriage. At that time, the

informant had clearly told him that his family may not accept her

because of her caste. At that time, applicant no.1 had assured her that

there would be no difficulty. Before marriage itself, applicant nos. 2 and

3 had told her that they were unhappy with this decision, but only for

the sake of applicant no.1’s insistence, they were giving their consent.

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At the same time, they demanded the entire expenses for the wedding

from the informant and her family. She was asked to spend for 350

people who were to attend the marriage from the applicants’ side. After

marriage, she was treated properly for 8 to 10 days. Because of her job,

she had to stay in Mumbai. She used to go to her matrimonial house at

Nashik for every weekend. On 08.04.2017, when she visited Nashik,

applicant nos. 2, 3 and 4 asked her to pay Rs.25,000/- per month and

on that ground, the informant was assaulted and abused. On

23.04.2017, they took away all the articles and ornaments, which ware

given to her by her parents and other relatives which she had kept in

the flat at Pune. She has further stated in the F.I.R. that on 24.04.2017,

applicant nos. 2, 3 and 4 assaulted her. Applicant nos. 2 and 4 gave her

burn injuries by using a hot knife. She was humiliated with reference to

her caste. The informant used to pay them Rs.25,000/- to Rs.30,000/-

per month, but even then the harassment continued. On 26.04.2017,

she was driven out of their house at odd hours at 2.30 a.m.. On

30.04.2017, applicant no.1 went to U.S.A. for his job. From May 2017,

he used to contact her telephonically. He used to tell her that, he did

not wish to continue their relationship of husband and wife because she

was belonging to a lower caste. He used to demand money for

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purchasing a flat. In July 2017, at his instance, the informant went to

U.S.A. There, he used to humiliate h