High Court
Legal Reasoning
cria-4257.221 IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADCRIMINAL APPLICATION NO.4257 OF 20221) Balkishan Radhesham Malpani, Age-41 years, Occu:Private Job, (Application of applicant No.1 came to be disposed of as withdrawn as per order dated 19th October, 2023),2) Pramila Radhesham Malpani, Age-67 years, Occu:Household, (Mother-in-law),3) Nandkishor Radhesham Malpani, Age-39 years, Occu:Private Job, (Brother-in-law),Applicant Nos. 1 to 3: R/o-Samarth Niwas,Nilam Nagar, Railway Station Road, Jalna,4) Sarita Arvind Mundada, Age-47 years, Occ:Household, (Sister-in-law), R/o-Mahesh Nagar, New Mondha Road, Jalna,5) Arti Ajay Baheti, Age-40 years, Occu:Household, (Sister-in-law), R/o-Sambhaji Nagar, Jalna,6) Gopish Arvind Mundada, Age-25 years, Occu:Private Job, (Nephew), R/o-Mahesh Nagar, New Mondha Road, Jalna, Presently R/o-Flat No.15, Nikhil Apartment, ‘A’ Wing, Hingane Khurd, Near Brahma Garden, Sinhgad Road, Pune- 411051 ...APPLICANTS
Legal Reasoning
cria-4257.222 VERSUS 1) The State of Maharashtra, Through In-charge Police Station, Chandanjira, District-Jalna,2) Prerna Balkishan Malpani, Age-33 years, Occu:Household, R/o-Housing Society, Behind Shriram School, Dhamangaon Railway, Taluka-Dhamangaon, District-Amravati. (Complainant/wife) ...RESPONDENTS ... Mr. Jiwan J. Patil Advocate for Applicant Nos. 2 to 6. Application of applicant No.1 came to be disposed of as withdrawn as per order dated 19th October, 2023. Mr. A.V. Lavte, A.P.P. for Respondent No.1. Mr. A.G. Deshmukh Advocate for Respondent No.2 (appointed). ... CORAM: SMT. VIBHA KANKANWADI AND S.G. CHAPALGAONKAR, JJ. DATE : 01st OCTOBER, 2024 ORDER [PER SMT. VIBHA KANKANWADI, J.] :1.Present Application has been filed under Section 482 of theCode of Criminal Procedure, initially for quashing the FirstInformation Report (for short ‘the FIR’) vide Crime No.385 of2022 registered with Chandanjira Police Station, Jalna, District-Jalna and by way of amendment, for quashment of the charge-sheet i.e. proceedings in R.C.C. No.66 of 2023 pending beforethe learned Judicial Magistrate, First Class, Court No.3 at Jalna cria-4257.223for the offence punishable under Section 498-A, 504 read withSection 34 of the Indian Penal Code. 2.It will not be out of place to mention here at the beginningitself that when disinclination was shown to grant any relief toapplicant No.1 – husband of the informant, learned Advocate forthe applicants on instructions, sought withdrawal of theapplication of applicant No.1. Accordingly, by order dated 19thOctober, 2023 the application of applicant No.1 - BalkishanRadhesham Malpani came to be disposed of as withdrawn. Theapplication, therefore, proceeded for consideration of the reliefsclaimed by applicant Nos.2 to 6.3.Heard learned Advocate Mr. Patil for applicant Nos. 2 to 6,learned APP Mr. Lavte for respondent No.1 and learned AdvocateMr. Deshmukh appointed to represent respondent No.2. In orderto cut short, it can be said that all the learned Advocates haveargued in support of their respective contentions.4.Perusal of the FIR and the charge-sheet would reveal thatrespondent No.2 got married to applicant No.1 on 6th July 2022.It is alleged in the FIR that she was treated properly for about 10to 12 days only, thereafter mother-in-law started saying that the cria-4257.224informant is unable to do the domestic work. The brother-in-lawused to take side of the mother and used to insult the informant.When she used to tell about the same to husband, the husbandused to say that informant should not reside at that place butshould go to the house of her father. When her parents had goneto persuade the applicants on 30th July 2022, at that time theapplicants started saying that her parents have not given gold assettled and they started demanding amount of Rs.2,00,000/-.The husband had gone to leave the informant and her child tothe house of her parents. But at that time the informant left thechild with her parents and went forcibly along with the husband.Nephew had gone along with the husband. At that time thehusband and nephew demanded amount of Rs.2,00,000/-.Thereafter also there was an attempt to settle the matter on 2ndOctober 2022 by taking a meeting, yet the harassment has notreduced. She says that she is unable to say as to how sheconsumed the medicine for killing rats around 3.00 p.m. on 8thOctober 2022. The husband had then admitted her toGovernment Hospital, Jalna around 6.30 p.m. She says that shewas discharged on 9th October 2022, but the husband was notready to take her for cohabitation and therefore, she lodged thereport. cria-4257.2255.The statements of witnesses are also on the same line. Theparents have not at all stated as to what was decided at the timeof settlement of marriage. Though it is stated that there wasdemand of Rs.2,00,000/- but it is not stated for what purposethe demand was made. Unless the demand is for illegal purposeor the demand itself is illegal, it cannot be said that it wouldattract in any way offence under Section 498-A of the IndianPenal Code. If the amount has been demanded as a loan, thenthe demand cannot be said to be illegal. Use of word‘harassment’ at two or three places does not make the FIRacceptable to fulfill the ingredients of offence punishable underSection 498-A of the Indian Penal Code.6.It appears that there is suppression by the informant abouther first marriage and her child out of the first marriage,because she states that the marriage between her and applicantNo.1 had taken place on 6th July 2022 and then she says that thehusband had gone to leave her on 29th September 2022 to herparents house along with her child, then the question arises asto how within two months of marriage there would be a child.Learned Advocate for the applicants, on instructions, states that cria-4257.226the informant was married earlier but then thereafter there wasmarriage between the informant and applicant No.1. The age ofthe child is also not given in the FIR. Even the statements of thewitnesses are silent on the first marriage and child from the firstmarriage of the informant.7.The allegations against applicant Nos.2 to 6 are omnibusand it appears that they have been made as accused only withan ulterior motive and therefore, the case is made out forexercise of powers under Section 482 of the Code of CriminalProcedure. Hence the following order:- O R D E R(I)The Application stands partly allowed.(II)proceedings in R.C.C. No.66 of 2023 pendingbefore the learned Judicial Magistrate, First Class,Court No.3 at Jalna arising out of First InformationReport vide Crime No.385 of 2022 registered withChandanjira Police Station, Jalna, District-Jalna for theoffence punishable under Section 498-A, 504 read withSection 34 of the Indian Penal Code, stands quashed cria-4257.227and set aside as against applicant Nos. 2 to 6 i.e. -No.2 - Pramila Radhesham Malpani, No.3 - NandkishorRadhesham Malpani, No.4 - Sarita Arvind Mundada,No.5 - Arti Ajay Baheti and No.6 - Gopish ArvindMundada.(III)The fees of the learned Advocate Mr. A.G.Deshmukh, appointed to represent respondent No.2, isquantified at Rs.5,000/- (Rupees Five Thousand), tobe paid by the High Court Legal Services SubCommittee, Aurangabad.[S.G. CHAPALGAONKAR] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/OCT24