1 Application 990 of 2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
Criminal Application No.990 of 2018
1) Shivaji s/o Abarao Sanap,
Age 64 years,
Occupation: Pensioner
R/o At Post Dusarbid,
Ward No.2, Taluka Sindhkhedraja,
District Buldhana.
2) Suman w/o Shivajirao Sanap,
Age 54 years,
Occupation: Household
R/o As above.
3) Gangadhar s/o Dagadu Dhakane,
Age 74 years,
Occupation : Agriculture
R/o At post Devkhad,
Taluka Sindhkhedraja,
District Buldhana. .. Applicants.
Versus
1) The State of Maharashtra,
Through Police Inspector,
Jintur Police Station,
Taluka Jintur,
District Parbhani.
2) Arjun s/o Ganpatrao Kedar,
Age 62 years,
Occupation: Pensioner,
R/o Sirpura, Taluka Kaij,
District Beed. .. Respondents.
—-
Shri. Suvidh S. Kulkarni, Advocate, for applicants.
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2 Application 990 of 2018
Shri. S.B. Pulkundwar, Additional Public Prosecutor, for
respondent No.1.
Shri. S.S. Thombre, Advocate, for respondent No.2.
—-
Coram: T.V. NALAWADE
K.L. WADANE, JJ.
Date: 20 JUNE 2018
JUDGMENT (Per T.V. Nalawade, J.):
1) Rule, rule made returnable forthwith. Heard
both the sides by consent for final disposal.
2) Present proceeding is filed under section 482 of
the Code of Criminal Procedure for the relief of quashing
of F.I.R. No.54/2018 registered in Jintur Police Station,
District Parbhani for offences punishable under sections
498A, 302, 34 etc. of the Indian Penal Code. Interim relief
was granted by this Court on 23-4-2018 and the
investigating agency was directed not to file charge sheet
against the applicants till the returnable date.
3) During arguments when this Court expressed
that no relief can be granted in favour of applicant Nos.1
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3 Application 990 of 2018
and 2, Shivaji and Suman, learned counsel for the
applicants, on instructions, submitted that he wants to
withdraw the application of these two applicants.
Argument was advanced for the relief in favour of
applicant No.3 – Gangadhar Dhakane.
4) F.I.R. is given by Arjun Ganpatrao Kedar, father
of deceased Mira. Deceased Mira was given in marriage to
Ganesh, son of applicant Nos.1 and 2 and they are
residents of Jintur. Both Ganesh and the deceased were
dental surgeons. The marriage took place in May 2010.
No issue was born out of this marriage.
5) Allegations are made by the father of the
deceased that after two years of the marriage the
husband, his parents and Gangadhar Dhakane, who
happens to be the husband of the paternal aunt of Ganesh
started harassing Mira. Allegations are made that the
husband started demanding money by saying that he
wanted to construct a separate hospital and for that he
wanted Rs. Five lakh from the parents of Mira. The father
of Mira gave amount of Rs. One lakh on first occasion,
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4 Application 990 of 2018
Rs.1.5 lakh on the second occasion and Rs.50,000 on the
third occasion by transferring the amounts in the account
of Mira. Even then the ill-treatment was continued.
6) On 3-3-2018 information was given to the
father of Mira that Mira was sick. On 4-3-2018 the father
of Mira, first informant, went to Jintur to see Mira. On that
day, Ganesh again demanded Rs. Five lakh from the first
informant. The first informant expressed that he was
retired man and there was no money with him for meeting
this demand. Allegations are made that on that occasion
Ganesh, his parents and even Dhakane said that the
demand must be met with otherwise something may
happen to Mira. On 4-3-2018 Mira was admitted in a
hospital from Jalna as she was sick. When all of them were
present in the hospital, the first informant received a
message that his elder brother Ramrao had suffered heart
attack and he was dead. After hearing this, the first
informant immediately left for his village.
7) On 5-3-2018 when the first informant was
present in village Sirpur, the father of the husband gave
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5 Application 990 of 2018
message to him at 4.30 p.m. that Mira had committed
suicide by hanging herself in their hospital from Jintur.
The first informant rushed to Jintur where the dead body
was present. After seeing the dead body, the first
informant suspected that it was not suicide but it was
murder and so he gave report to police on 6-3-2018 and
the crime came to be registered for the offences
punishable under sections 498-A, 302, 34 of the Indian
Penal Code.
8) Papers of investigation show that there are
statements of persons who know the family of the
applicants and the main allegations are against Dr.
Ganesh. There was a talk that Ganesh had extra marital
affairs with few women and he used to quarrel as the
deceased could not conceive. The material however does
not show that applicant No.3 was present in Jintur on the
day of the incident. Dead body was found in hanging
position in the hospital of Ganesh. Applicant No.3
Gangadhar Dhakane is resident of Devkhed, Tahsil
Sindhkhedraja, District Buldhana. Allegations as against
him are very vague. His relationship is also not that close.
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6 Application 990 of 2018
9) If the crime is registered for offence under
section 302 IPC, in such case it is always desirable to file
charge sheet for offences punishable under sections 302,
306, 498-A of IPC. In view of the aforesaid material it
cannot be said that there is no material as against the
husband and his parents. However, it can be safely said
that the material available and the allegations made in the
FIR are not that convincing and it is not sufficient to make
out any of the aforesaid offences as against applicant
No.3. This Court holds that relief needs to be granted in
favour of applicant No.3 only. So, following order :
10) Application of applicant No.3 is allowed in
terms of prayer clause (B). The application of applicant
Nos.1 and 2 is disposed of as withdrawn. Rule made
absolute in the above terms.
Sd/- Sd/-
(K.L. WADANE, J.) (T.V. NALAWADE, J.)
rsl
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