High Court
Legal Reasoning
1APPLN.1515.2023.odtIN THE HIGH COURT OF JUDICATURE AT BOMBAY,BENCH AT AURANGABAD.CRIMINAL APPLICATION NO. 1515 OF 20231.Balaji S/o Trimbak Sangle(Distant Relative)Age: 40 years Occu: Service R/o: Dahegaon, Tq. Ambad, Dist. Jalna. 2.Ganesh S/o Pandurang Dhait(Cousin Brother-in-law) Age:- 33 years Occu: Agril. R/o. Rui, Tq. Ambad, Dist. Jalna 3.Kamal W/o Ganesh Dhait(Cousin Sister-in-law)Age:- 32 years Occu: Housewife,R/o. Rui, Tq. Ambad, Dist. Jalna 4.Raju S/o Vishwanath Warade(Brother of Second wife) Age: 33 years Occu: Agril, R/o. Rui, Tq. Ambad, Dist. Jalna. 5.Bhagwan S/o Ganpat Bidve(Father-in-law)Age:- 56 years Occu: Agril, R/o. Machhindarnath Chincholi, Tq. Ghansawangi, Dist. Jalna.… ApplicantsVersus1.The State of MaharashtraThrough Police Station Gondi, Tq. AmbadDist. Jalna. 2.Mira W/o Kailsh BidveAge:- 35 years Occu: HousewifeR/o:- Rui, Tq. Ambad, Dist.: Jalna.
Legal Reasoning
2APPLN.1515.2023.odt3.Bhartabai Sahebrao DhaitAge: 63 yrs, Occu: HouseholdR/o: Rui, Tq. Ambad, Dist. Jalna.… Respondents...Mr. Yogeshwar L. Bidve, Advocate for Applicants.Mr. S. A. Gaikwad, APP for Respondent / State.Mr. Mukul M. Deshmukh, Advocate for Respondent No.3....CORAM :SMT. VIBHA KANKANWADI &SANJAY A. DESHMUKH, JJ.DATE :08th April, 2025.O R D E R: (Per Sanjay A. Deshmukh, J.)1Heard the learned advocates for the respective parties. 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.118 of 2023, dated 20thMarch, 2023, registered with Gondi Police Station, Taluka Ambad,District Jalna, for the offences punishable under Sections 498-A, 323,504 and 506 read with 34 of the Indian Penal Code, 1860 and underSections 3 and 4 of the Dowry Prohibition Act, 1961 and theconsequential proceedings in RCC No.131 of 2023, pending in theCourt of learned Judicial Magistrate First Class, Ambad, District Jalna. 3APPLN.1515.2023.odt3The informant averred in the report that applicant No.1 isher distant relative. Applicant No.2 is the cousin brother-in-law,applicant No.3 is the cousin sister-in-law, applicant No.4 is the brotherof the second wife of husband of informant and the applicant No.5 isher father-in-law. 4The informant averred in the report that she married withthe son of applicant No.5 on 4th June, 2002. She was treated well fortwenty years by her husband. The informant was unable to conceiveany child. Therefore, she settled and performed the marriage of herhusband with one Nanda Vishwanath Varade, resident of Rui, TalukaAmbad, District Jalna on 28th December, 2022. After one year of thatmarriage, the applicants started to harass the informant. Theinformant told that fact to applicant No.5 (father-in-law). He alsoabused her. Her husband and applicant No.5 demanded Rs.2,00,000/-for construction of the house. They started to abuse her. Theythreatened to kill her if she failed to bring the money. Her husbandused to beat her upon instigation by Applicant No.4 (brother of secondwife of husband of informant). Other applicants were instigating herhusband by making phone calls, that he shall not allow the informant tocohabit with him. Her husband used to expel her from the house in thenight times and keept her starved. The informant called her brother,who took her back to her parental home. The informant told her 4APPLN.1515.2023.odtbrother and his wife about the ill-treatment. They were trying toconvince the husband of informant, but her husband also abusedthem. Therefore, she lodged the report. 5The learned counsel for the applicants submits that theapplicants are falsely implicated in the crime. There are vagueallegations against them. He lastly prayed to allow the application. 6The learned APP for the State strongly opposed theapplication and submitted that the applicants are involved in theserious crime. Their names are mentioned in the report. He lastlyprayed to reject the application. 7The learned counsel for the informant / respondent No.2also strongly opposed the application. He submitted that the names ofthe applicants are mentioned in the report. They treated the informantwith cruelty. They are involved in serious crime. He lastly prayed toreject the application. 8Here, 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:- 5APPLN.1515.2023.odt“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....”9A reference also can be made to the judgment in the caseof CBI Vs. Aryan Singh, reported in, 2023 SCC Online SC 379, inwhich 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.”10We have perused the report and the charge-sheet,particularly, the statements of witnesses. Another crime bearing C.R. 6APPLN.1515.2023.odtNo.203 of 2023, dated 9th May, 2023, is registered with the same policestation against the husband of informant and other accused for theoffence punishable under Sections 306 of the IPC for abetment tocommit suicide to this informant. However, that incident took place on6th May, 2023 and the report in question is lodged on 20th March, 2023.From the bare reading of the report and the statements of witnesses, itis clear that there are allegations of cruelty against the husband of theinformant. Though the names of the applicants are mentioned in thereport, the allegations made in the report are not specific and certainas to when that incident took place. From the entire charge-sheet, theessential ingredients of Sections 498-A, 323, 504 and 506 read with 34of the IPC and under Sections 3 and 4 of the Dowry Prohibition Act,1961 are not establishing against the applicants. Considering all theseaspects together, we are of the view that if the applicants are directedto face the trial, it would certainly be an abuse of the process of Court.We are therefore, inclined to allow the application by exercising ourinherent powers under Section 482 of the Cr.P.C. in the interest ofjustice to prevent the abuse of the process of Court. The application,therefore, deserves to be allowed. Hence, the following order:-O R D E RI.The application is allowed.II.The FIR bearing Crime No.118 of 2023, dated 20th 7APPLN.1515.2023.odtMarch, 2023, registered with Gondi Police Station,Taluka Ambad, District Jalna, for the offencespunishable under Sections 498-A, 323, 504 and 506read with 34 of the Indian Penal Code, 1860 andunder Sections 3 and 4 of the Dowry Prohibition Act,1961 and the consequential proceedings in RCCNo.131 of 2023, pending in the Court of learnedJudicial Magistrate First Class, Ambad, District Jalna,stands quashed as against all the applicants. [ SANJAY A. DESHMUKH, J. ] [ SMT. VIBHA KANKANWADI, J. ]nga