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Prashant Sopan Ghorpade vs The State Of Maharashtra on 6 July, 2018

1 CrWP 791 10J

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

CRIMINAL WRIT PETITION NO. 791 OF 2010

1. Prashant Sopan Ghorpade, Age 30
years, Occ. Business.

2. Sopan s/o Vithal Ghorpade – (abated)

3. Kondabai w/o Sopan Ghorpade,
Age 56 years, Occ. Household.

4. Praveen s/o Sopan Ghorpade,
Age 34 years, Occ. Agriculture.

5. Jaishree w/o Praveen Ghorpade,
Age 29 years, Occ. Household,
All r/o. Sambhaji Nagar, Netur,
Tq. Nilanga, Dist. Latur.

6. Pratibha w/o Abhimanyu Kale,
Age 26 years, Occ. Household,
R/o. Bolegaon, Tq. Tuljapur,
Dist. Osmanabad. … Applicants
(Ori. accused)
VERSUS

1. The State of Maharashtra,
Through Secretary,
Home Department, Mantralaya,
Mumbai -32.

2. The Superintendent of Police,
Osmanabad, Dist. Osmanabad.

3. The Police Inspector,
Tuljapur, Police Station, Dist.
Osmanabad.

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2 CrWP 791 10J
4. Jyoti d/o Madhukar Jagdale,
Age 25 years, Occ. Household,
R/o. Ghatshil Road, Near Gawade
Building, Tuljapur, Tq. Tuljapur,
Dist. Osmanabad … Respondents
(Respondent No. 4 is
original complainant).

Advocate for Applicants : Mrs. M.D. Thube-Mhase.
APP for respondents No. 1 to 3 : Mr. S.J. Salgare.
Advocate for Respondent No. 4 : Mr. K.R. Gavhane.

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

charge-sheet bearing No. 79/2007 dated 16.07.2007 from first information

report No. I-104/2006, registered with Tuljapur police station, District

Osmanabad, for the offences punishable under section 498A, 323, 504, 506

read with section 34 of the Indian Penal Code.

3. Complainant Jyoti Prashant Ghorpade filed a complaint before

the Judicial Magistrate First Class, Tuljapur. Applicant No. 1 is husband of

the complainant. Applicants No. 2 and 3 are father-in-law and mother-in-law

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3 CrWP 791 10J
of the complainant, applicants No. 4 is brother of applicant No. 1, applicant

No. 5 is wife of applicant No. 4 and applicant No. 6 is the sister-in-law of the

complainant.

4. It is alleged by the complainant that, her marriage took place

with applicant No. 1 on 22.05.2005 at village Salgara (Maddi) Tq. Tuljapur.

After the marriage the applicants treated well to the complainant for about

one month and thereafter started demanding five tolas gold and Rs. 50,000/-

for construction of house and for purchasing a tractor and on that count

applicants started beating the complainant, they also kept the complainant on

starvation and gave physical and mental torture. For the aforesaid demand

they drove out the complainant. On 12.04.2006 father of the complainant

gave Rs. 10,000/- to applicant No. 1 and on 20.4.2006 Rs. 20,000/- to

applicant No. 4 and requested the applicants to give proper treatment to the

complainant. It is further alleged that on 05.05.2006 the applicant No. 6

came to the house of complainant and asked that still her father did not fulfill

their demand of money and gold and abused the complainant. Applicant No.

6 also instigated applicant No. 1 for giving divorce to the complainant. On

09.05.2006 applicants No. 1, 3 to 6 came at Tuljapur and demanded money to

the father of complainant. At that time applicant No. 1 assaulted the

complainant by fist and kick blows, applicant No. 1 and 4 assaulted her

father by fist and kick blows and applicant No. 3, 5 and 6 assaulted to witness

Pratima by chappal. The applicants also threatened to kill the complainant.

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4 CrWP 791 10J
With these allegations, offence came to be registered against the

applicants/accused for the offences punishable under section 498-A, 323,

504, 506 read with section 34 of the Indian Penal Code.

5. We have heard the arguments of Mrs. Thube-Mhase, learned

counsel for the applicants, Mr. S.J. Salgare, learned APP for the respondent

No.1 to 3/State and Mr. Gavhane, learned counsel for respondent No. 4.

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

appears that specific allegations of demand of money and harassment are

made against applicants/accused No. 1 to 5, who are residing jointly.

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

complainant is not residing with applicants No. 1 to 5. It appears that the

applicant No. 6 is residing at Bolegaon Tq. Tuljapur. Allegations against the

applicant No. 6 are that she along with other applicants/accused demanded

money to the complainant and instigated the applicant No. 1 to give divorce

to the complainant. It is also allegations against applicant No. 6 that she

along with other accused assaulted the witness Pramita. But those

allegations appear to be vague and general in nature, as the applicant No. 6 is

not residing with the applicants No. 1 to5. Therefore prima-facie it appears

that applicant No. 6 has no direct concern with alleged illtreatment, demand

of money and threat to complainant. Hence to prevent the abuse of process

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

No. 6. Hence, following order:

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5 CrWP 791 10J
ORDER

1. Application of applicant No. 6 Pratibha w/o Abhimanyu Kale is

allowed. Relief is granted to her in terms of prayer clause ‘B’.

2. Application of applicants No. 1, 3 to 5 stands rejected.

3. Application of applicant No. 2 stands disposed of as abated.

4. Rule is made absolute in favour of applicant No. 6 only.

5. Amount of Rs. 3000/- (Rs. Three thousand only) is to be paid to

the appointed counsel through legal aid.

7. Criminal Application is disposed of accordingly.

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

mkd

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