Advocates:
['SHASHIBHUSHAN WAHANE', '', 'SHREEKRUSHNA SITARAM SHIRSAT', 'PRATIK JAYANT MEHTA', '', 'R', 'AKASH S TIWARI', 'R']

1

apl737.19.J.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR

CRIMINAL APPLICATION (APL) NO.737 OF 2019

1.

Vaibhav s/o Dattuji Jagtap,

Aged about 31 yrs.,

Occ: Legal Practioner.

2.

Dattuji s/o Deorao Jatap,

Aged about 62 yrs.,

Occ: Retired Govt. Servant.

3.

Smt. Asha w/o Dattuji Jagtap,

Aged about 56 yrs.,

Occ: Household.

4.

Bhushan s/o Dattuji Jagtap,

Aged about 26 yrs.,

Occ: Mechanical Engineer.

5.

Smt. Shakuntala w/o Deorao Jagtap,

Aged about 85 yrs., Occ: Nil.

All the applicants are

R/o Plot No.63, Rahatekar Wadi,

Dasra Road, Mahal, Nagpur. .......APPLICANTS

...V E R S U S...

1.

Smt. Kavita w/o Prakashrao Jagtap

Aged about 36 yrs, Occ: Business

(Grocery Shop).

2.

Prakashrao s/o Deorao Jagtap

Aged about 46 yrs.,

Occ: Auto Rickshaw Driver.

Both the Non-Applicants are

R/o Plot No.63, Rahatekar Wadi,

Dasra Road, Mahal, Nagpur. .......NON-APPLICANTS

2

apl737.19.J.odt

--------------------------------------------------------------------------------------------

Mr. Shashibhushan Wahane, Advocate for Applicants.

Mr. P.J. Mehta, Advocate for Non-Applicant 1.

Mr. A.S. Tiwari, Advocate for Non-Applicant 2.

--------------------------------------------------------------------------------------------

CORAM:

ROHIT B. DEO, J.

DATE:

28

th JANUARY, 2021.

ORAL JUDGMENT:

The applicants are seeking quashment of

Miscellaneous Criminal Application 262 of 2019 instituted by

non-applicant 1 – Smt. Kavita under Section 12 of the Protection

of Women from Domestic Violence Act (D.V. Act). The applicants

are arraigned as non-applicants 2 to 5 in the D.V. Act proceedings,

and non-applicant 2 – Prakashrao who is the husband of

Smt. Kavita, is arraigned as non-applicant 6.

2.

Applicants 2 and 3 are the brothers of Prakashrao.

Applicants 1 and 4 are the son of applicant 2 and applicant 5 is the

mother of Prakashrao and Dattuji.

3.

The learned counsel for the applicants Mr. Wahane

would submit that even if the allegations in the complaint are

taken at face value, the learned Magistrate erred in taking

3

apl737.19.J.odt

cognizance in as much as the applicants and Smt. Kavita were not

in a domestic relationship.

4.

It would be necessary to consider the averments in

the application under Section 12 of the D.V. Act in order to

appreciate the submission canvassed.

5.

In paragraph 1 the reference is to the marriage

between Smt. Kavita and Prakashrao. It is averred that Smt. Kavita

started residing at the house mentioned in the cause-title, which

was occupied by the joint family of her husband.

6.

In paragraph 2 it is specifically averred that the house

is a three storied construction which was owned by Mr. Deorao

and after his death was inherited by the legal heirs. The next

averment is that applicant Kavita and her husband Prakashrao

were residing on the ground floor and the other family members

were residing on the first floor.

7.

In paragraph 3 the reference is to the strained

relationship between Smt. Kavita and her matrimonial family and

to Smt. Kavita driven out of the house only to return to reside

4

apl737.19.J.odt

with her husband Prakashrao after 2½ years.

8.

Paragraphs 4, 5 and 6 incorporate certain allegations

the substratum of which is that Smt. Kavita was ill-treated to force

her to succumb to dowry demand and the intent was that she and

her son leaved the house and the relatives of her husband become

the absolute owner.

Paragraph 7 then refers to certain complaints lodged with

the police and in paragraph 8 the averment is that Smt. Kavita

informed her husband Prakashrao that she was ill-treated and yet

he did not react which emboldened the present applicants.

9.

The question which arises for determination is

whether on the face of the averment in the complaint the learned

Magistrate could have taken cognizance under the provisions of

the D.V. Act.

10.

The D.V. Act is enacted to provide for more effective

protection of the rights of women guaranteed under the

Constitution who are victims of