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Judgments of Supreme Court of India and High Courts

Prakash S/O Pandurang Masurkar … vs State Of Mah. Through Police … on 6 October, 2018

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.

Criminal Application (APL) No.435 of 2018

1] Prakash Pandurang Masurkar,
Aged about 30 years, Occ.-Cultivator,

2] Sau. Shantabai w/o Pandurang Masurkar,
Aged about 80 years, Occ.-Nil,
Both R/o.- Village Navtala, Tahsil Chimur,
Distt Chandrapur. …. Applicants.

Versus

1] The State of Maharashtra,
through Police Station Officer,
Police Station Bhisi, Tahsil Chimur, District Chandrapur.

2] Sau. Pramila w/o Suresh Masurkar,
Aged about 28 years, Occ.-Husewife,
R/o.-C/o.-Vaman Baburao Dhenge,
Village Thutan Bori, Tahsil Bhivapur,
Distt. Nagpur. …. Non applicants.

Shri Muzammil Husain, Counsel for applicants.
Shri Amit Chutke, APP for State.

Coram : R.K. Deshpande and A.D. Upadhye, JJ.
Dated : 06 October, 2018.
th

ORAL JUDGMENT (Per R.K. Deshpande, J.)

Heard finally by consent of the learned Counsels appearing for
the parties.

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2. In spite of service of notice for final disposal of the matter, no
one appears for respondent no.2/complainant.

3. The challenge in this petition is to the First Information Report
[FIR] registered vide Crime No.199 of 2017, for the offence punishable
under Section 498A read with Section 34 of the Indian Penal Code, 1860
[IPC], in the Police Station at Bhisi, Tahsil Chimur, District Chandrapur,
against the applicants, who are the brother-in-law and mother-in-law
respectively of the complainant.

4. With the assistance of the learned Counsels appearing for the
parties, we have gone through the oral report dated 10-07-2017, on the
basis of which the FIR was registered. Except vague statement that the
applicants used to instigate the husband of the complainant for practicing
cruelty there is nothing. Apart from this, in the earlier oral report dated
04-06-2017, lodged in the Police Station there is not even a whisper about
the instigation of the applicants to the husband in respect of the alleged
cruelty. The complainant herself has admitted that she had been residing
separately from the in-laws along with her husband since 2011. On this
backdrop, we find that continuation of the proceedings against the
applicants is nothing but an abuse of process of law. The application,
therefore, needs to be allowed.

4. In the result, this application is allowed. Crime No.199 of 2017
registered against the applicants for the offence punishable under Section
498A read with Section 34 of the IPC in the Police Station at Bhisi, Tahsil

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Chimur, District Chandrapur along with charge-sheet in R.C.C. No.45 of
2017 to the extent it is filed against the applicants is, therefore, quashed
and set aside.

JUDGE JUDGE

Deshmukh

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