IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APL) NO. 673 OF 2016
APPLICANTS : 1] Rangrao S/o Shyamrao Chaudhary,
Age 65 years, Occupation : Private.
2] Sau. Lata W/o Rangrao Chaudhary,
Age60 years, Occupation : Household.
All R/o Plot No.54, Radhakrishna Society,Pardi, Nagpur.
RESPONDENTS: 1] State of Maharashtra,
through Police Station Officer,
Police Station, Ram Nagar, Gondia.
2] Sau. Deepali W/o Sagar Chaudhary,
Age Major, R/o C/o Arun Thakare,
Suryatola Road, Near Water Tank,Gondia
Mr. Ritesh Patil, Advocate h/f Mr. R.R.Vyas, Advocate for a applicants.
Mr. T. A. Mirza, A. P. P. for non-applicant no.1/State.
None for a non-applicant no.2
CORAM : PRASANNA B. VARALE and
ARUN D. UPADHYE, JJ.
DATE : NOVEMBER 07, 2017.
ORAL JUDGMENT (Per Prasanna B. Varale, J).
1] Heard Shri Ritesh Patil, schooled warn holding for Shri
R.R. Vyas, a schooled warn for a field and Shri T.A. Mirza, a schooled Additional Public Prosecutor for non-applicant no.1 State 2] ADMIT.
3] The field are before this Court seeking quashment of a First Information Report No. 122/2015, antiquated 23.10.2015, lodged during Police Station, Ram Nagar, Gondia for a offences punishable underneath Sections 498-A, 323 review with Section 34 of a Indian Penal Code. The field have also prayed for quashing a final report/Charge-sheet No. 39/2016.
4] Mr. Patil, a schooled warn for a field vehemently submitted that a field are a father-in-law and mother-in-law, respectively, of a non-applicant no.2/complainant and are in their modernized age. He serve submitted that a news even on a face value discloses no corruption opposite these applicants. 5] The schooled counsel, by mouth-watering a courtesy to a duplicate of news placed on record, submitted that a matrimony 3 APL673.16.odt between non-applicant no.2/complainant and a son of a applicants, namely Sagar Chaudhary was solemnized on 15.6.2012 during Nagpur. For a initial duration of a matrimonial life, there was no conflict between a couple, though after 6 months, when non- applicant no.2 became pregnant, a field and father Sagar told her that they are not in a position to share a shortcoming of a child and they demanded volume of Rs.One lakh to non-applicant no.2 and told her that if she is not in a position to move a amount, she should theme herself to abortion.
6] The schooled warn for a field submitted that a news states about a ill acts of earthy assault on comment of direct of income opposite a husband. The usually claim opposite a field is of instigating a husband, that is too deceptive and ubiquitous allegation. The schooled warn afterwards submitted that a news is wordless in honour of a duration of a purported urging and it usually reiterates a urging on 16.9.2015 and a matter that a father of complainant gave fist blows. The news was lodged during Police Station, Kalamna, Nagpur as a father had driven a wife/complainant from matrimonial home on 01.7.2015. She took 4 APL673.16.odt preserve during her aunts place. The news refers to an progressing occurrence of withdrawal a matrimonial residence on 01.7.2015 and a complainant holding preserve during her parental home for a duration of one month. The schooled warn submitted that a news fails to trigger any movement opposite these applicants, slightest a record instituted for elect of offences punishable underneath Sections 498A and 323 review with territory 34 of a Indian Penal Code.
7] The schooled warn afterwards submitted that on receiving a report, a questioning group was set in suit and on execution of common formalities, a charge-sheet came to be filed. 8] The schooled warn afterwards invited a courtesy to a statements available by a questioning group during a march of investigation. He invited a courtesy to a matter of father, brother, sister and brother-in-law of a complainant. It was submitted by a schooled warn that even these statements are a repetition of a statements in a news lodged by a complainant and they are deceptive and ubiquitous statements opposite these applicants. The schooled warn for a field submitted that with such a 5 APL673.16.odt element on record, there is frequency any range that a charge can settle any box opposite these field in a hearing and a usually outcome of a hearing would be an exculpation of these applicants. The schooled warn so submitted that a applicants, who are in their modernized age and creation them to face a charge on an unsustainable material, is zero though an abuse of routine of law. The schooled counsel, therefore, prayed for sportive a powers of this justice underneath territory 482 of a Cr.P.C. and stifle and set aside a initial information news and a charge-sheet opposite these applicants.
9] The schooled Additional Public Prosecutor for a non- applicant no.1/State opposes a application. 10] On going by a element in a form of charge- piece as good as a report, we find substantial consequence in a submissions of a schooled warn for a applicants. The schooled warn was fit in submitting that a news and a other element is as deceptive as it could be and a usually claim opposite these field is of instigation. Except a deceptive allegation, there 6 APL673.16.odt is zero in a element on record to uncover that these field have indeed participated in any act of hurt to a complainant. The schooled warn was so fit in submitting that delay of rapist charge opposite these field is zero though an abuse of routine of law. The schooled warn has done out a box for sportive a powers of this Court underneath Section 482 of a Cr.P.C..
11] In a result, a rapist focus is authorised in terms of request proviso (ii) and likely of accordingly.