SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Manoj S/O Paraji Lokhande And … vs The State Of Maharashtra And … on 26 July, 2018

1 CrAppln 5575 14J

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
CRIMINAL APPLICATION NO. 5575 OF 2014

1) Manoj s/o Paraji Lokhande,
Age 31 years, Occ. Business,
R/o. 302, Malkhare Vihar,
Bhausingpura, Aurangabad.

2) Anusaya w/o Paraji Lokhande,
Age 60 years, Occ. Household,
R/o. As above.

3) Paraji s/o Abaji Lokhande,
Age 65 years, Occ. Business,
R/o. As above.

4) Advocate Santosh s/o Paraji
Lokhande, Age 34 years, Occ.
Legal Practitioner, R/o. As above.

5) Shubhangi w/o Santosh Lokhande,
Age 31 years, Occ. Household,
R/o. As above.

6) Vaishali d/o Paraji Lokhande,
Age 29 years, Occ. Service,
R/o. Kothrud, Pune.

7) Ashwini d/o Paraji Lokhande,
Age 23 years, Occ. Service,
R/o. Kothrud, Pune. … Applicants
(Original accused )
VERSUS

1) The State of Maharashtra.
Through Police Inspector,
Sadar Bazaar, Jalna Police
Station, Tq. Dist. Jalna.

1/5

::: Uploaded on – 30/07/2018 31/07/2018 01:07:41 :::
2 CrAppln 5575 14J

2) Sheetal w/o Manoj Lokhande,
Sage 25 years, Occ. Household,
R/o. Plot No. 91/A, Vasundhara
Colony, Near Ganpati Temple,
New Mondha Road, Jalna,
Tq. Dist. Jalna. … Respondents.
(respondent No. 2 is original
complainant)

Advocate for Applicants : Mr. R.L. Chabda.
APP for respondent No. 1/State : Mrs. D.S. Jape.
Advocate for respondent No. 2 : Mr. K.B. Jadhav.

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

DATE : 26th 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 hearing.

2. This application is filed by the applicants/original accused

under the provisions of section 482 of the Code of Criminal Procedure

for relief of quashing the first information report No. 310/2014 registered

with Sadar Bazaar, police station, Jalna, for the offences punishable

under section 498A of the Indian Penal Code and under section 3 and 4

of the Dowry Prohibition Act.

3. The brief facts of the case may be stated as follows:

2/5

::: Uploaded on – 30/07/2018 31/07/2018 01:07:41 :::

3 CrAppln 5575 14J

(i) The applicant No. 1 is the husband of respondent No. 2

/original complainant . Applicants No. 2 and 3 are mother and father of

applicant No. 1. The applicants No. 4 is brother of applicant No. 1,

whereas applicant No. 5 is wife of applicant No. 4. The applicants No. 6

and 7 are unmarried sisters of applicant No. 1.

(ii) Respondent No. 2/original complainant lodged complaint on

13.08.2014 by alleging that, her marriage performed with applicant

No. 1 Manoj on 09.02.2011. In the marriage her father gave Rs. 40 lakh

as dowry and 15 tolas gold. After marriage the applicants treated her

well for about three months. Thereafter the applicants started illtreating

her by saying that the complainant do not know the household work, she

always came with empty hands from her parental house. Applicant

No. 1 at the instigation of other applicants illtreated the complainant.

Applicants No. 3 and 4 abuses her and applicants No. 2 and 5 were not

providing food to the complainant. Applicants No. 6 and 7 were also

abusing the complainant. The complainant has filed complaint against

applicant No. 4 under section 354 of the Indian Penal Code, therefore,

the applicants drove her out. The applicants also demanded Rs. 25 lakh

for construction of house and on that count they illtreated the

complainant. With these allegations, offence came to be registered

3/5

::: Uploaded on – 30/07/2018 31/07/2018 01:07:41 :::
4 CrAppln 5575 14J

against the applicants for the offences punishable under section 498-A

of the Indian Penal Code and under section 3 and 4 of the Dowry

Prohibition Act.

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

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

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

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

statement of witnesses it appears that specific allegations of

illtreatment, demand of money and assault are made against applicants

No. 1 to 4. The allegations against the applicants No. 5 to 7 are vague

and general in nature. No specific instance or particular act alleged or

quoted in first information report against the applicants No. 5 and 7. It

also appears that applicant No. 6 and 7 are residing at Pune. Therefore,

prima-facie it appears that there is no force in the allegations of the

complainant made against the applicants No. 5 to 7.

6. In view of the above and on perusal of the first information

report as well as statement of witnesses 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.5 to 7 so as to

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

4/5

::: Uploaded on – 30/07/2018 31/07/2018 01:07:41 :::
5 CrAppln 5575 14J

other offences as alleged by the complainant. The complainant has made

vague and general allegations against the applicant No. 5 to 7. Hence to

prevent the abuse of process of law, we find that discretion needs to be

exercised in respect of applicants No. 5 to 7. Hence, following order:

ORDER

1. Application of applicant No. 5 Shubhangi Santosh
Lokhande, applicant No. 6 Vaishali d/o Paraji Lokhande and
applicant No. 7 Ashwini d/o Paraji Lokhande is, allowed.
Relief is granted to them in terms of prayer clause ‘B’.

2. Rule is made absolute in those terms.

7. Criminal application is disposed of.

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

mkd/-

5/5

::: Uploaded on – 30/07/2018 31/07/2018 01:07:41 :::

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation