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Kiran Bhimrao Waghmare And Ors vs The State Of Maharashtra And Anr on 6 July, 2018

1 CrAppln 943 18J

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 943 OF 2018

1. Kiran s/o Bhimrao Waghmare,
Age 33 years, Occ. Private Service,
R/o. A.L. 1, Room No. 330, Ajinkya
Apartment Sector-16, Yeroli Navi
Mumbai-400 708.

2. Bhimrao s/o Kisan Waghmare,
Age 60 years, Occ. Retired.

3. Tarabai w/o Bhimrao Waghmare,
Age 55 years, Occ. Household.

4. Pawan s/o Bhimrao Waghmare,
Age 31 years, Occ. Private Service.

5. Supriya Pawan Waghmare, Age 27
years, Occ. Servicve ( Teacher),
Applicant No. 2 to 5 are
R/o. Dattabardi Road, Azad Chowk,
Pawan Niwas, Hadgaon, Tq. Hadgaon,
Dist. Nanded.

6. Kishor s/o Bhimrao Waghmare,
Age 35 years, Occ. Software Engineer,
R/o. House No. 622 (B), 3rd Floor 301,
Sec. 13, Kharghar Gaon, Navi
Mumbai – 410 210.

7. Sow. Suchita w/o Kishor Waghmare,
Age 33 years, Occ. Household,
R/o. House No. 622 (B) 3rd Floor 301,
Sec. 13, Kharghar Gaon, Navi Mumbai. … Applicants
(Ori. accused)
VERSUS

1. The State of Maharashtra,

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2 CrAppln 943 18J
Through Police Station,
Bhagyanagar Nanded Tq.
Dist. Nanded.

2. Sow. Chhaya @ Sumedha Kiran
Waghmare, Age 26 years, Occ.
Household, r/o. Dattabardi Road,
Azad Chowk, Pawan Nivas, Hadgaon,
Tq. Hadgaon at present R/o. Shantinagar
Mulawa, U.P.P. Camp, Tq. Umarkhed,
Dist. Yeotmal. … Respondents
(Respondent No. 2 is
original informant)

Advocate for Applicants : Mr. G. G. Suryawanshi.
APP for respondent No. 1/State : Mrs. D.S. Jape.
Advocate for Respondent No. 2 : Mr. A.R. Magar, h/f Mr. G.P. Shinde.

CORAM : T.V. NALAWADE
K. L. WADANE, JJ.

DATE : 06th July, 2018.

JUDGMENT ( PER K.L. WADANE, J.) :

1. Rule. Rule made returnable forthwith. With the consent of the

parties, this application is taken up for final disposal.

2. This application is filed by the applicants under the provisions of

section 482 of the Code of Criminal Procedure for relief of quashing of first

information report No. 39/2018, dated 28.02.2018 registered with Hadgaon

police station, District Nanded, for the offences punishable under section

498A, 506 read with section 34 of the Indian Penal Code.

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3 CrAppln 943 18J

3. Complainant Chaya Kiran Waghmare lodged complaint against

the applicants alleging that she married with applicant No. 1 on 02.06.2013 at

Mulawa, Dist. Nanded. Applicant No. 1 is husband of complainant, applicant

No. 2 is father-in-law, applicant No. 3 is mother-in-law, applicants No. 4 and

6 are brother-in-laws and applicants No. 5 and 7 are sister-in-laws (wives of

applicants No. 4 and 6) of the complainant. After marriage the applicants

have treated well to the complainant for about 4 to 5 months and thereafter

applicant No. 1 to 3 demanding Rs. 2 lakh and on that count started physical

and mental torture to her. It is further alleged that her father gave Rs.

2,50,000/- for business to applicant No. 1. But after some days applicants and

started harassing the complainant on the count that she did not conceive

pregnancy and again demanded Rs. 3 lakh for business. The parents and

other relatives of the complainant tried to gave understanding to the

applicants but they did not pay any heed and applicant No. 1 threatened to kill

the complainant. With these allegations, offence came to be registered

against the applicants/accused for the offences punishable under section

498-A, 506 read with section 34 of the Indian Penal Code.

4. We have heard the arguments of Mr. Suryawanshi, learned

counsel for the applicants, Mrs. Jape, learned APP for the respondent

No.1/State and Mr. Magar, learned counsel for respondent No. 2.

5. On perusal of the contents of the first information report it

appears that specific allegations of demand of money and harassment are
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4 CrAppln 943 18J
made against applicants/accused No. 1 to 5, who are residing jointly.

However, it appears that, applicants No. 6, who is brother-in-law of

complainant and applicant No. 7, who is wife of applicant No. 6 are not

residing with applicants No. 1 to 5. On perusal of Adhar card of applicant

No. 6 it appears he is residing at Khargar (Raigad). It appears that applicant

No. 6 is a software Engineer. There are no specific allegations against them in

the first information report. It is allegations against the applicants No. 6 and

7 that they are illtreating the complainant physically and mentally by

demanding Rs. 3 lakh and instigated the applicant No. 1 for causing

illtreatment to the complainant. But those allegations appear to be vague and

general in nature, as the applicants No. 6 and 7 are residing at Kharghar

(Raigad). Therefore prima-facie it appears that applicants No. 6 and 7 have

no direct concern with alleged illtreatment, demand of money and threat to

complainant.

6. On perusal of the first information report it also appears that

there is no material particular quoting any specific incident of visit or about

illtreatment or harassment at the hands of applicants No. 6 and 7, so as to

attract the ingredients of section 498-A of the Indian Penal Code or other

offence as alleged by the complainant. Hence to prevent the abuse of process

of law, we find that discretion needs to be exercised in respect of applicants

No. 6 and 7. Hence, following order:

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5 CrAppln 943 18J
ORDER

1. Application of applicant No. 6 Kishor s/o Bhimrao Waghmare

and applicant No. 7 Suchita w/o Kishor Waghmare is allowed.

2. Relief is granted to applicant No. 6 Kishor s/o Bhimrao

Waghmare and applicant No. 7 Suchita w/o Kishor Waghmare in

terms of prayer clause ‘B’.

3. Application of other applicants No. 1 to 5 stands rejected.

7. Criminal Application is disposed of accordingly.

8. Rule is made partly absolute in the above terms.

(K. L. WADANE, J.) (T.V.NALAWADE, J.)

mkd

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