State.Mr. Hrishikesh v. Tungar

Legal Reasoning

1Criminal Application 955 of 2024.odtIN THE HIGH COURT OF JUDICATURE AT BOMBAY,BENCH AT AURANGABAD.CRIMINAL APPLICATION NO. 955 OF 20241.Limbraj s/o Ram RathodAge: 76 years, Occupation: Farmer, Residing At: Devtala, Hasaigan, Ausa, Latur. 2.Shalubai s/o Limbraj RathodAge: 74 years, Occupation : Housewife, Residing At: Devtala, Hasaigan, Ausa, Latur. 3.Ankush s/o Limbraj RathodAge: 33 years, Occupation: Farmer, Residing At: Devtala, Hasaigan, Ausa, Latur. 4.Lahukumar s/o Limbraj RathodAge: 35 years; Occupation: Police Service Residing At: Flat No. 144, 14th Floor, Building A, Amantra Housing Complex, Bhiwandi, Ranjnoli, Thane - 421 302.… ApplicantsVersus 1.The State of Maharashtra,Through Officer In Charge, Bhada Police Station, Latur District - Latur, Maharashtra. 2.Pooja @ Priyanka W/o Prashant RathodAge: 20 years; Occupation: HousewifeR/o: At: Ekambi Tanda. Tal. Ausa.Dist. Latur.… Respondents...Mr. Shritej Surve, Advocate for Applicants.Mr. G. A. Kulkarni, APP for Respondent No.1 / State.Mr. Hrishikesh V. Tungar, Advocate for Respondent No.2.... 2Criminal Application 955 of 2024.odtCORAM :SMT. VIBHA KANKANWADI &SANJAY A. DESHMUKH, JJ.RESERVED ON:25th April, 2025.PRONOUNCED ON :07th May, 2025.J U D G M E N T : (Per Sanjay A. Deshmukh, J.)1 Rule. Rule made returnable forthwith. With the consentof the learned Advocates appearing for the parties, heard finally atthe stage of admission. 2This application is filed under Section 482 of the Code ofCriminal Procedure, 1973 (for short “the Cr.P.C.”) for quashing of theFIR (for short the “report) bearing Crime No.220 of 2023, dated 13thOctober, 2023, registered with Bhada Police Station, District Latur, forthe offences punishable under Sections 498-A, 377, 313, 323, 504 and506 read with 34 of the Indian Penal Code, 1860, as well as theconsequential charge-sheet and proceedings in Regular Criminal CaseNo.712 of 2023, pending in the Court of learned Judicial MagistrateFirst Class, Ausa, District Latur. 3Applicant Nos.1 and 2 are the parents-in-law and applicantNos.3 and 4 are the brothers-in-law of the informant / respondent No.2. 4The respondent No.2 / informant averred in the report that 3Criminal Application 955 of 2024.odtshe married with the son of applicant Nos.1 and 2 on 6th February,2022. In her marriage, her parents spent approximately Rs.15,00,000/-on the marriage, which included Rs.5,50,000/- as dowry, Rs.80,000/- incash for other ceremony-related expenses, 11.5 tolas gold ornaments,and household articles worth Rs.3,00,000/-. 5The informant further averred that after the marriage, theinformant started to reside at her matrimonial home in the villageDevtala for about a month. Initially, for 2 – 3 days, she was treatedwell. However, thereafter, on this or that count, the applicants and herhusband used to beat her, keep her on starvation, use obscenelanguage, and continuously harass her on the ground that her parentsdid not pay sufficient dowry. They continuously demandedRs.10,00,000/- to her.6The informant further averred that she did not reveal thosefacts to anyone initially and silently bore the ill-treatment, as her fatherhad taken a loan from private money lender to arrange her marriage.During this time, the informant became pregnant. Despite knowingthis, all the accused harassed the informant continuously. On theinstigation of the applicants, her husband demanded money andkicked on her stomach, resulting in a miscarriage in the second monthof pregnancy. When the informant informed her parents about theincident, she was admitted to G.G. Birajdar Memorial Hospital, Latur, 4Criminal Application 955 of 2024.odton 3rd June, 2022 for treatment. Thereafter, her parents and relativestried to convince the applicants and husband of informant and sent herback to her husband at Bhayander Pada, Mumbai. For some time, shewas treated well. Thereafter, he used to return home under theinfluence of liquor and beat her on trivial matters. He again demandedRs.10,00,000/- from her, threatening that unless the money was paidby her parents, she would not be allowed to live peacefully. Herhusband was committing unnatural sexual intercourse with her. Whenshe resisted, he beat her and continued such sexual abuse. Despitethis, the informant continued to stay silently at her matrimonial homewithout informing those cruelties to her parents.7The informant further averred that later, she came to knowthat her husband had illicit relations with a female police officer. Whenshe questioned him, he beat her mercilessly and said he wouldcontinue the affair. Eventually, due to a dispute between her husbandand the said woman, the woman filed a criminal complaint against herhusband. Thereafter, informant and her husband moved back toDevtala. During this period, she again became pregnant. However,once again, her husband and the applicants demanded Rs.10,00,000/-for purchasing a flat and beat her while she was three monthspregnant, causing a second miscarriage. She was treated at KarmudiHospital, Ausa on 29th September, 2022. Thereafter, her parents again 5Criminal Application 955 of 2024.odtsent her back to her husband’s house. For some days, she was treatedwell. Thereafter, under the influence of liquor, her husband beat her onpetty reasons. He continued to have unnatural intercourse with heragainst her will.8The informant further averred that on 12th October, 2022,all the accused assaulted her again on a petty issue and threatened tokill her. She filed a complaint at Killari Police Station, where an NCbearing No.567 of 2022 was registered. Later, while she was stayingat her maternal home at Ekambi Tanda, her husband came there andpromised not to trouble her anymore. He took her back to Devtala andlater to Bhayander Pada, Mumbai. She was treated well for 1 and ½ –2 months. Thereafter, on the instigation of applicants, her husbandonce again demanded Rs.10,00,000/- and beat her. During her thirdpregnancy, despite her husband being aware of her condition, herhusband demanded that amount and kicked on her stomach, whichagain resulted in severe pain and medical complications. She calledher parents, who took her to Parvati Hospital, Osmanabad, fortreatment on 29th March, 2023. She stayed at her maternal home fortwo months undergoing treatment. 9The informant further averred that thereafter, her husbandmade phone calls to her and assured her that he would not harass heranymore. On this promise, her parents sent her back to live with him 6Criminal Application 955 of 2024.odtat Kasarvadavali, Mumbai. Initially, her husband treated her well forabout fifteen days, but thereafter, by demanding money, he beat her,continued extra-marital affairs, and fell into addiction to drugs such asCharas, Ganja and Drugs (M.D.). He started staying at dance bars allnight and returning in the morning. When the informant questionedhim, he used to say, “I will continue going to bars and consumingdrugs. Do what you want.” He took away all her gold jewelry andcontinued his illicit relationship.10The informant further averred that on 24th August, 2023, atnight, her husband again demanded Rs.10,00,000/- and on theinstigation of the applicants, he beat her severely and threatened to killher. The informant told that fact to her parents. Upon that, on 26thAugust, 2023, her brother came and took her to her maternal home.On 1st September, 2023, she made a written complaint against herhusband and the applicants at the Women’s Counseling Centre, PoliceStation Ausa. On 04th October, 2023, all parties were summoned. Aftercounseling, she returned to her maternal home. However, on thesame evening, around 8:00 p.m., her husband and applicant Nos.1 to3 came to her maternal home at Ekambi Tanda. They entered thehouse and assaulted her, asking why she had filed a complaint. Theythreatened her parents and stated that unless Rs.10,00,000/- waspaid, they would not take the informant back and allow her to cohabit 7Criminal Application 955 of 2024.odtwith her husband. Thereafter, she lodged the report.11The learned counsel for the applicants submitted that theapplicants are falsely implicated in the crime due to matrimonialdiscord between the informant and her husband. He submitted thatgeneral and vague allegations are made against the applicants. Theyare implicated in the crime with an ulterior motive to harass theapplicants, who are the relatives of the husband. If the applicants arecompelled to face the trial, they will certainly suffer. He lastly prayed toallow the application to prevent the abuse of the process of Court inthe interest of justice. 12The learned APP for the State strongly opposed theapplication and submitted that the applicants are involved in theserious crime. They have demanded Rs.10,00,000/- for purchasing aflat. Their names are mentioned in the report. They treated theinformant with cruelty. The provisions under Section 482 of the Cr.P.C.cannot be exercised in their favour. He lastly prayed to reject theapplication. 13The learned counsel for the informant / respondent No.2also strongly opposed the application. He submitted that the names ofthe applicants are mentioned in the report with their specific roles. 8Criminal Application 955 of 2024.odtThey are involved in serious crime causing cruelty. They havecommitted anti-social crime. There is strong evidence against theapplicants. He lastly prayed to reject the application. 14Here, it is relevant to refer to the decision of theHonourable Supreme Court in Mohammad Wajid and Another Vs.State of U.P. and Another, reported in, 2023 SCC Online SC 951;2023 INSC 683, whereunder the Honourable Supreme Court heldthus:-“34.……. it will not be just enough for the Court to lookinto the averments made in the FIR/complaint alone for thepurpose of ascertaining whether the necessary ingredientsto constitute the alleged offence are disclosed or not. Infrivolous or vexatious proceedings, the Court owes a dutyto look into many other attending circumstances emergingfrom the record of the case over and above the avermentsand, if need be, with due care and circumspection try toread in between the lines. The Court while exercising itsjurisdiction under Section 482 of the CrPC or Article 226 ofthe Constitution need not restrict itself only to the stage ofa case but is empowered to take into account the overallcircumstances leading to the initiation/registration of thecase as well as the materials collected in the course ofinvestigation....”15A reference also can be made to the judgment in the caseof CBI Vs. Aryan Singh, reported in, 2023 SCC Online SC 379, in 9Criminal Application 955 of 2024.odtwhich the Honourable Supreme Court held as under:- “Para 10… As per the cardinal principle of law, at the stageof discharge and/or quashing of the criminal proceedings,while exercising the powers under Section 482 Cr. P.C.,the Court is not required to conduct the mini trial.”16We have perused charge-sheet, particularly, the reportand the statements of witnesses. The witnesses have mostly statedthe facts stated by the informant in her report. The husband ofinformant is serving in the police department at Mumbai. ApplicantNo.3 is residing at Devtala, Hasaigan, Ausa, Latur and applicant No.4is residing at Bhiwandi, Ranjnoli, Thane. All the allegations about theincidents those took place in Mumbai are made against her husband.The allegations of causing serious cruelty to the informant are made,against the husband of informant. Her husband is not a party to thisapplication. The informant was residing with her husband at differentplaces. Though there are allegations of demand on the part of theapplicants, no specific incident is stated as to when they gatheredtogether and demanded Rs.10,00,000/- to the informant for purchasinga flat. Vague and general allegations are made against the applicants.If all these aspects are considered together, then certainly theessential ingredients of Sections 498-A, 323, 504 and 506 of the IPCare not establishing against the applicants. 10Criminal Application 955 of 2024.odt17Considering all the material facts and circumstances of thecase and law laid down in the above authorities, we are of the viewthat it would be an abuse of the process of Court if the applicants aredirected to face the trial. Therefore, we are inclined to allow theapplication by exercising our inherent powers under Section 482 of theCr.P.C. in the interest of justice to prevent the abuse of the process ofCourt. The application deserves to be allowed. Hence, the followingorder:-O R D E RI.The application is allowed.II.Crime No.220 of 2023, dated 13th October, 2023,registered with Bhada Police Station, District Latur, forthe offences punishable under Sections 498-A, 377,313, 323, 504 and 506 read with 34 of the IndianPenal Code, 1860, as well as the consequentialcharge-sheet and proceedings in Regular CriminalCase No.712 of 2023, pending in the Court of learnedJudicial Magistrate First Class, Ausa, District Latur,stands quashed as against all the applicants.III.Rule is made absolute in the above terms. [ SANJAY A. DESHMUKH, J. ] [ SMT. VIBHA KANKANWADI, J. ]nga