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Nitin S/O Wasudeo Wankhade And 6 … vs State Of Maharashtra, Through Its … on 21 September, 2018

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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.

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…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

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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.

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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

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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

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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

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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.

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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

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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.

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