Criminal Application No. 638 of 2021 · Bombay High Court
Case Details
CriAppln-638-2021.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.638 OF 2021 1. 2. 3. 4. 5. 6. Ketan S/o Eknath Sable, (Husband) Age- 28 Years, Occu- Service, R/o Dahigaon (ne) Shevgaon, Taluka- Shevgaon, District – Ahmednagar and Sai Nagar Shevgaon, Taluka- Shevgaon, District - Ahmedngar. Eknath S/o Bhanudas Sable, (Father-in-law) Age-65 years, Occu- Nil, R/o Khandoba Nagar, Shevgaon, Taluka - Shevgaon, District – Ahmednagar. Panchpula @ Pankaja W/o Eknath Sable, (Mother-in-law) Age – 60 Years, Occu – Nil, R/o – Khandoba Nagar, Shevgaon, Taluka- Shevgaon, District – Ahmednagar. Rahul S/o Eknath Sable, (Brother-in-law) Age - 28 Years, Occu- Nil, R/o At Present Govt. Medical College and Hospital, Miraj, Taluka – Miraj, District – Sangali Yogini w/o Sachin Jadhav, (Sister-in-law) Age- 35 Years, Occu- Doctor, R/o Ambika Nagar, Bale Taluka- North Solapur, District – Solapur. Rohini W/o Rushikesh Rao, (Sister-in-law) Age – 34 Years, Occu- Teacher, R/o 202, Uma Place, Sec- 16, Kalamboli, Taluka – Panvel, District – Raigad 1/9 7. 8. 9. 1. 2. CriAppln-638-2021.odt Jagannath S/o Bhanudas Sable, (Brother of father-in-law) Age – 39 Years, Occu – Nil, R/o Village Vihamandwa, Taluka – Paithan, District – Aurangabad. Bhausaheb @ Suresh S/o Jagannath Sable, (Brother-in-law) Age – 31 Years, Occu – Labour, R/o Village Vihamandwa, Taluka – Paithan, District- Aurangabad. Shankar S/o Bhaguji Gaikwad (Brother of applicant no.3) Age – 63, Occu - nil (retired from service) R/o. Village Sasht Pimpalgaon, Taluka Ambad,District – Jalna. … Applicants. Versus The State of Maharashtra, through Police Officer, Talwada Police Station, District – Beed. Shila W/o Ketan Sable, Age – 26 years, Occu- Household, R/o C/o Dattatray Baburao Misal, Address – at post Irrigation Colony, Jategaon, Taluka – Georai, District – Beed. … Respondents.
Legal Reasoning
Mr. Sandip R. Andhale, Advocate for the Applicants. Mr. S. J. Salgare, APP for Respondent No.1-State. Mr. Mahesh S. Taur, Advocate for Respondent No.2. . . . . . . CORAM : SMT. VIBHA KANKANWADI AND ABHAY S. WAGHWASE, JJ. DATE : 19.12.2022 2/9 CriAppln-638-2021.odt JUDGMENT (PER ABHAY S. WAGHWASE, J.) : 1. In the backdrop of the FIR at the instance of respondent no.2, Talwada Police Station, District Beed registered crime no. 258 of 2020 for the offences punishable under Sections 498-A, 323, 504 r/w 34 of the Indian Penal Code (IPC). After investigation, charge-sheet was filed. Both, the above crime as well as charge-sheet, are now sought to be quashed and set aside by the applicants herein by invoking Section 482 of the Code of Criminal Procedure (Cr.P.C.). 2. Facts leading to registration of present crime are as under : Respondent no.2 herein gave information that she was married to applicant no.1 on 09.05.2018. After marriage, she went to reside with her husband and in-laws and was properly treated for a period of two to three months. She has alleged that since 05.11.2019, her husband started commenting on her manners and that he has been cheated by getting married with her. She was insulted and husband even said that he married her only because of the pressure of his parents and also put up a demand of Rs.3,00,000/- for purchase of car and on failure to meet it, he threatened to divorce her and thereby subjected her to cruelty. In the above backdrop, she alleged physical and mental cruelty to husband as well as her in-laws. 3/9 CriAppln-638-2021.odt On the strength of the above allegations, the police registered the above crime for above offences. 3. By invoking Section 482 of Cr.P.C., the applicants herein are seeking quashment of crime and charge-sheet. Before adverting to the fact of the case and entitlement for relief, it would be appropriate to discuss in brief the settled position as to when the inherent powers under Section 482 of Cr.P.C. can be exercised. 4. In catena of judgments, including State of Haryana and others v. Ch. Bhajan Lal ; AIR 1992 SC 604, Inder Mohan Goswami and Anr. Vs. State of Uttaranchal and Ors. ; (2007) 12 SCC 1, Priya Vrat Singh Vs. Shyam Singh Sahai ; (2009) SCC Suppl. 709 and Vineet Kumar v. State of U.P. ; (2017) 13 SCC 369, the Hon’ble Apex Court has time and again reiterated that inherent powers under section 482 of Cr.P.C. can be exercised by the High Court; firstly, to give effect to an order under Cr.P.C., secondly, to prevent abuse of process of court and thirdly, to secure ends of justice. 5. The Hon’ble Apex Court in the very recent case of Kahkashan Kausar alias Sonam and others v. State of Bihar and others ; (2022) 6 SCC 599, after dealing with the observations in the cases of Geeta Mehrotra Vs. State of U.P.; 4/9 CriAppln-638-2021.odt
Decision
ORDER I. The application is partly allowed, to the extent of applicant nos. 4 to 9, in terms of prayer clauses [B] and [D-1]. II. The application of applicant nos.1 to 3 is disposed of as withdrawn. II. The application is accordingly disposed off. (ABHAY S. WAGHWASE, J.) (SMT. VIBHA KANKANWADI, J.) VRE 9/9