1 Application 2808 of 2015
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
Criminal Application No.2808 of 2015
With
Criminal Application No.1524 of 2018
1) Abhijeet s/o. Ashok Deshmukh,
Age 29 years,
Occupation: Service.
2) Aruna w/o Ashok Deshmukh,
Age 48 years,
Occupation: Household.
3) Ashok s/o Genda Deshmukh,
Age 55 years,
Occupation: Service.
4) Rajnikant s/o Ashok Deshmukh,
Age 32 years,
Occupation: Service.
5) Sandip s/o Ashok Deshmukh,
Age 27 years,
Occupation: Service.
6) Snehal w/o Rajnikant Deshmukh,
Age 26 years,
Occupation: Household.
All R/o Shivajinagar, Kalwan,
Taluka Kalwan, District Nashik. .. Applicants.
Versus
1) The State of Maharashtra,
Through Inspector,
Dhule Taluka Police Station,
District Dhule.
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2 Application 2808 of 2015
2) Vaishali Abhijeet Deshmukh,
Age 26 years,
Occupation: Household,
R/o C/o Pundlik Bhatu Sonawane,
R/o Ner, Taluka District Dhule. .. Respondents.
—-
Shri. Bharat R Waramaa, Advocate, for applicants .
Shri. P.G. Borade, Additional Public Prosecutor, for
respondent No.1.
Shri. Nilesh N. Desale, Advocate, for respondent No.2.
—-
Coram: T.V. NALAWADE
K.L. WADANE, JJ.
Date: 11 JUNE 2018
JUDGMENT (Per T.V. Nalawade, J.):
1) Rule, rule made returnable forthwith. By
consent, heard both sides for final disposal.
2) Criminal Application No.2808/2015 is filed
under section 482 of the Code of Criminal Procedure for
relief of quashing of F.I.R.No.66/2015 registered with
Dhule Taluka Police Station, Dhule for offences punishable
under sections 498A, 406, 420, 468, 504 etc. read with
section 34 of Indian Penal Code and for quashing of the
charge sheet filed which is given R.C.C. No.290/2015 in
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3 Application 2808 of 2015
the Court of the Judicial Magistrate, First Class, Dhule.
Both the sides are heard.
3) The first informant is the wife of applicant No.1
Abhijeet Deshmukh. Applicant No.2 is mother of applicant
No.1 and applicant No.3 is husband of applicant No.2.
Applicant No.4 is the brother of applicant No.1 Abhijeet
and he is elder brother. Applicant No.5 is younger brother
of applicant No.1 and applicant No.6 is the wife of
applicant No.4.
4) In the F.I.R. given by the wife of applicant No.1
she has contended that she was given in marriage on 6-6-
2014 to applicant No.1 and the expenses of the marriage
were borne by her parents. It is her contention that by
way of dowry amount of Rs.8.5 lakh was given and also so
many gold and silver ornament were given in the
marriage. It is her case that after the marriage she started
cohabiting with applicant No.1 at Kalwan where the
remaining applicant were living in joint family. The report
was given on 23-3-2015, within one year of the marriage
and no issue is born out of the marriage.
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4 Application 2808 of 2015
5) It is the case of the wife that after 3 months of
the marriage the present applicants started taking
suspicion about her character by saying that she was
receiving calls of some persons. It is her contention that
after some time they started asking her to bring Rs.5 lakh
as they wanted to purchase a flat in Mumbai. It is
contended that the parents could not meet this demand
and so ill-treatment was started to her.
6) It is the case of the wife that on 6-2-2015 when
she was at Kalwan the applicants called her father and
cousin Lakshdeep and they made false allegation about
her character and they gave threats to her father and
under the threats they obtained signatures of her father
and of her on a stamp which was notarised before
Advocate Bachav. It is her contention that by using that
document, applicant No.1 is trying to take divorce from
her. It is her contention that on 15-3-2015 she was driven
out the house out of the aforesaid suspicion and then she
returned to Ner, the place of her parents and she has been
living there since then.
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5 Application 2808 of 2015
7) It is the case of the wife that on 22-3-2015 at
about 11.00 a.m. applicant Nos.2 to 6 came to her village
at the instigation given by applicant No.1 and they picked
up quarrel and they asked her to sign on one more stamp
paper. It is contended that she refused to sign on it and
then they left the place.
8) During investigation, statements of some
relatives on parents’ side of the wife are recorded. The
statements of some neighbours of her father are also
recorded. The document which was allegedly got executed
on 6-2-2015 is seized by police and it was produced by
the husband.
9) The learned counsel for the applicants took this
Court through the record of one proceeding filed by the
wife under section 125 of the Cr.P.C. Some record is
produced along with second application in the present
proceeding. It is not disputed that on one document, in
which the wife has admitted that her character was not
good, there are signatures of the wife and also of her
father. This circumstance is admitted in the application
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6 Application 2808 of 2015
filed by the wife. The relevant material and the statement
of the Notary Public are not supporting the wife. Learned
counsel for the applicants placed reliance on some
observations made by the Apex Court in the cases
reported as AIR 1997 SC 1448 (Guru Bipin Singh v.
Chongthammanihar Singh) and, 2010 AIRSCW 405 (Md.
Ibrahim v. State of Bihar) and submitted that the
allegations as they are, cannot constitute offence under
section 467 or 420 of IPC in respect of the aforesaid
document. The submissions made by the other side show
that the husband has filed a divorce proceeding. The
learned counsel for the applicants submitted that even as
per the contentions and the address given, only the
husband is living in Mumbai and at the most his
permanent place of residence is Kalwan, District Nashik.
It was submitted that at the most it can be presumed that
parents of the husband were living in joint family with the
husband. The submissions made and the record show that
the husband had contended that his elder brother was
with him in the present dispute. Due to these
circumstance it cannot be said that applicant No.4,
Rajnikant is not involved in the matter. However, in view
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7 Application 2808 of 2015
of the nature of allegations and the way in which things
work in our society it cannot be said that the wife of
Rajnikant had any voice in the aforesaid dispute and the
younger brother of the husband had also any say or voice
in the dispute in the matter. The younger brother was
receiving education and now he is in service. Possibility of
false implication is there. This Court holds that it will be
misuse of process of law if the prosecution is allowed to
go on as against applicant Nos.5 and 6. However, that
cannot be said in respect of applicant Nos.1 to 4 in view of
nature of allegations and the material. The contentious
made by the learned counsel for the applicants with
regard to admission of improper conduct of the wife given
in the document cannot be considered in the present
proceeding. To this document, the applicant Nos.5 and 6
were not party. In view of these circumstances this Court
holds that, relief can be granted only in favour of
applicant Nos.5 and 6. In the result, following order.
10) Criminal Application No.2808 of 2015 is
allowed only to the extent of applicant No.5 – Sandip
Ashok Deshmukh and applicant No.6 – Snehal Rajnikant
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8 Application 2808 of 2015
Deshmukh. The charge sheet filed in F.I.R. No.66/2015
registered with Dhule Taluka Police Station in the Court of
the Judicial Magistrate, First Class Dhule against these
two applicants for offences punishable under sections
498-A, 420, 468, 406, 323, 504, 506, 34 of Indian Penal
Code is hereby quashed and set aside. Relief is granted
only to that extent. The application of applicant Nos.1 to 4
stands rejected. Rule is made absolute in aforesaid terms.
Criminal Application No.1524/2018 is disposed of.
Sd/- Sd/-
(K.L. WADANE, J.) (T.V. NALAWADE, J.)
rsl
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