apl685.14.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO.685/2014
APPLICANTS : 1. Nitin s/o Wasudeo Wankhade
Aged – 32 years, Occupation –
Service, R/o Talegaon Dabhade,
Dist – Pune.
2. Wasudeo s/o Dashrath Wankhade
Aged – 62 years, Occupation – Retired.
3. Sau. Sushila w/o Wasudeo Wankhade,
aged – 55 years, Occupation – Household.
Both Respondents No.2 3 R/o Saraswati
Nagar, College Road, Akot, Tq. Akot,
District Akola.
4. Sau. Bharti w/o Sunil Topkar
Aged – 35 years, Occupation – Household.
5. Sunil s/o Laxmanrao Topkar
Aged – 43 years, Occupation – Service.
Both Respondents 4 5 R/o Parshva
Residency Complex, Ranpise Nagar, Akola,
Tq. Akola, Dist. Akola.
6. Sau. Priti w/o Nitin Topkar,
Aged – 34 years, Occ – Household.
7. Nitin s/o Laxmanrao Topkar,
Aged – 35 years, Occ – Service.
Both Respondent No.6 7 R/o Meharanand
Colony, Near Second Petrol Pump Akola
Road, Akot, Tq. Akot, Dist – Akola.
::: Uploaded on – 26/09/2018 26/09/2018 23:58:39 :::
apl685.14.odt
2
…VERSUS…
RESPONDENTS : 1. State of Maharashtra,
Through its Police Station Officer,
Frezarpura, Tah. District Amravati.
2. Sau. Priti w/o Nitin Wankhade
Aged – 29 years, Occupation –
Household, R/o C/o Gautam Dabhade,
Bharatnagar, Chandur Railway Road,
Amravati Tah. Dist – Amravati.
————————————————————————————————–
Shri Ritesh N. Badhe, Counsel for applicants
Shri H.R. Dhumale, AGP for respondent no.1
Shri D.P. Dapurkar, Counsel for respondent no.2
————————————————————————————————–
CORAM : R.K. DESHPANDE AND
ARUN D. UPADHYE, JJ.
DATE : 21/09/2018
ORAL JUDGMENT (PER : ARUN D. UPADHYE, J.)
1. By this criminal application, the applicants have prayed
to quash First Information Report (Crime) No.262/2014 dated
4/10/2014 registered at Police Station Frezarpura at Amravati for
the offence punishable under Section 498-A read with Section 34 of
the Indian Penal Code.
2. The applicant no.1 and respondent no.2 are legally
wedded husband and wife. Their marriage was solemnized on
11/11/2011 at Amravati as per the rites and rituals prevailing in
::: Uploaded on – 26/09/2018 26/09/2018 23:58:39 :::
apl685.14.odt
3
their community. The applicants have contended that initially the
respondent no.2 behaved normally for a month or two after the
marriage but thereafter started quarrelling with the family members
on trifle issue. Thereafter, she left the house of the husband on
5/4/2013 without informing them. The applicants tried to contact
with her for several times but she refused to cohabit with applicant
no.1. The respondent no.2 thereafter filed Petition No.A-211/2003
before the Principal Judge, Family Court at Amravati for restitution
of conjugal rights. The applicant no.1 appeared before the Family
Court and filed his written statement. The respondent no.2 has also
filed application under Section 125 of the Code of Criminal
Procedure for maintenance in the Family Court bearing Petition
No.E-122/2013 on 30/9/2013. She has also filed proceedings under
Section 12 of the Protection of Women From Domestic Violence Act,
2005 and the said application was registered as Misc. Criminal
Application No.273/2013. The respondent no.2 also filed another
petition under Section 12 read with Section 18 of the Protection of
Women From Domestic Violence Act before the Court at Amravati.
The said application is registered as Misc. Criminal Application
No.69/2014.
::: Uploaded on – 26/09/2018 26/09/2018 23:58:39 :::
apl685.14.odt
4
3. The applicant no.1 has also filed Petition under
Section 13 (1) (ia) of the Hindu Marriage Act against the
respondent no.2 before the learned Civil Judge Senior Division,
Pune on the ground of cruelty. The said petition is registered as
M.P. No.908/2014.
4. The respondent no.2 with the sole purpose of harassing
the applicants has filed criminal complaint under Section 498-A read
with 34 of the Indian Penal Code at Police Station Frezarpura
District Amravati vide Crime No.262/2014 on 4/10/2014. According
to the applicants, this complaint is deliberately and intentionally
filed by her to harass the applicants. According to them, there is no
evidence and if the said complaint and the allegations made therein
are taken at their face value, no offence under Section 498-A of the
Indian Penal Code is made out against the applicants. The complaint
made by her is nothing but abuse of the process of law and
therefore, they have no option except to file this present criminal
application for quashing the same.
5. The respondent no.2 appeared in the proceedings and
filed her reply and resisted the claim of the applicants. According to
her, her husband has filed divorce petition at Pune though the
::: Uploaded on – 26/09/2018 26/09/2018 23:58:39 :::
apl685.14.odt
5
marriage is taken place at Amravati. According to her, the Family
Court has granted interim maintenance to the tune of Rs.8,000/- per
month and the applicants have obtained interim stay to the said
order by filing Writ Petition No.6079/2014. According to her, the
applicant no.1 is having bad record and convicted in criminal charge
under Sections 147, 307 of the Indian Penal Code by the Additional
Sessions Judge, Achalpur and Criminal Appeal No.587/2006 is
pending before this Court. Lastly, it is submitted that the criminal
application be rejected.
6. We have heard the learned Counsel for the parties at
length. Shri Ritesh Bade, the learned Counsel appearing for the
applicants has submitted that various proceedings are initiated by
the respondent no.2 against the applicant no.1. The applicant no.1
has also filed divorce petition at Pune, but now the same is
transferred to the Court at Amravati. The criminal complaint filed by
her for the offence punishable under Section 498-A of the Indian
Penal Code is nothing but abuse of the process of law. No offence is
made out against the applicants. No allegations are made in various
proceedings about the incident mentioned in the complaint. F.I.R.
registered in the Frezarpura Police Station under Section 498-A read
::: Uploaded on – 26/09/2018 26/09/2018 23:58:39 :::
apl685.14.odt
6
with 34 of the Indian Penal Code against the applicants therefore be
quashed and set aside.
7. Shri D.P. Dapurkar, the learned Counsel appearing for
the respondent no.2, however, submitted that the applicants have
given ill-treatment to the respondent no.2. The offence under
Section 498-A read with 34 of the Indian Penal Code is made out
against them. Therefore, the criminal application be rejected.
8. Considering the submissions of the respective sides, we
have perused the criminal application as well as the F.I.R. in
question filed on 4/10/2014 against the applicants. In the report,
the respondent no.2 alleged that her husband was used to beat her
and used to demand Rs.10,00,000/-. She also alleged that on
5/4/2014 she was driven out of the house and since then she is
residing with her parents. She also stated that on 24/4/2013 she has
given report to the Police Station about ill-treatment. However, the
complaint was referred to the Mahila Cell. However, the applicants
never attended the same. Therefore, the present complaint dated
4/10/2014 is filed. If the complaint is taken into consideration, it
seems that vague allegations are made against the applicants about
the ill-treatment. So far as the alleged incident dated 5/4/2014 is
::: Uploaded on – 26/09/2018 26/09/2018 23:58:39 :::
apl685.14.odt
7
concerned, she has not mentioned the same in the previous
proceedings lodged against her husband. It has come on record that
she has lodged Petition No.A-211/2003 before the Principal Judge,
Family Court, Amravati for restitution of conjugal rights on
30/9/2013. She has also filed criminal application under Section
125 of the Code of Criminal Procedure for maintenance and Petition
No.E-122/2013 is registered on 30/9/2013. The respondent no.2
also filed Misc. Criminal Application No.273/2013 under Section 12
of the Protection of Women From Domestic Violence Act, 2005
before the Judicial Magistrate First Class, Amravati against the
applicant nos.1, 2, 5 and 7 and the said petition was numbered as
Misc. Criminal Application No.273/2013. She has also filed another
application under Section 12 read with Section 18 of the Domestic
Violence Act, 2005 and the said case is registered as Misc. Criminal
Application No.69/2014 filed on 22/4/2014. The applicant no.1 has
also filed M.P. No.908/2014 against the respondent no.2 for divorce
under Section (1) (ia) of the Hindu Marriage Act at Pune. Now the
said petition is transferred at Amravati Court. From perusal of these
proceedings, one thing is clear that the respondent no.2 has filed the
present complaint with an intention to harass the applicants.
::: Uploaded on – 26/09/2018 26/09/2018 23:58:39 :::
apl685.14.odt
8
9. In the judgment in the case of State of
Haryana…Versus…Bhajan Lal, reported in (1992) Supp (1) SCC
335, the Hon’ble Supreme Court has held that the judicial process is
a solemn proceeding which cannot be allowed to be converted into
an instrument of oppression or harassment. When there are
materials to indicate that a criminal proceeding is manifestly
attended with mala fide and is maliciously instituted with an ulterior
motive, the High Court shall not hesitate in exercise of its
jurisdiction under Section 482 of the Code of Criminal Procedure to
quash the proceeding. Under category 7 as enumerated in State of
Haryana …Versus… Bhajan Lal (supra) it is held thus, “where a
criminal proceeding is manifestly attended with mala fide and/or
where the proceeding is maliciously instituted with an ulterior
motive for wreaking vengeance on the accused and with a view to
spite him due to private and personal grudge”. Therefore, the
provisions under Section 482 of the Code of Criminal Procedure
could be invoked.
10. The allegations made against the applicants are bald
and vague and appear to be after thought. Since the several matters
are pending before the Family Court, it is open for the applicants
::: Uploaded on – 26/09/2018 26/09/2018 23:58:39 :::
apl685.14.odt
9
and the respondent no.2 to pursue their remedies before the said
Court. We are, therefore, of the considered view that the criminal
proceedings initiated by the respondent no.2 by filing the present
complaint are liable to be quashed and set aside. Hence, we pass the
following order.
O R D E R
(i) Criminal Application is allowed.
(ii) First Information Report (Crime) No.262/2014
registered on 4/10/2014 with Police Station Frezarpura, Amravati
for the offence punishable under Section 498-A read with 34 of
Indian Penal Code is hereby quashed and set aside.
(Arun D. Upadhye, J.) (R.K. Deshpande, J.)
Wadkar, P.S.
::: Uploaded on – 26/09/2018 26/09/2018 23:58:39 :::
