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Judgments of Supreme Court of India and High Courts

Smt. Rinku W/O Adesh Gupta And … vs State Of Mah., Thr. P.S.O. Ps … on 16 January, 2020

1 aba839-841.19.odt

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

CRIMINAL APPLICATION (ABA) NO. 839 OF 2019
Kewal s/o Parumal Sawlani and another .Vs. State of Maharashtra, through
PSO, PS, Lakadganj, Nagpur.
AND
CRIMINAL APPLICATION (ABA) NO. 840 OF 2019
Aakash s/o Kewal Sawlani .Vs. State of Maharashtra, through PSO, PS,
Lakadganj, Nagpur.
AND
CRIMINAL APPLICATION (ABA) NO. 841 OF 2019
Rinku w/o Adesh Gupta and another .Vs. State of Maharashtra, through
PSO, PS, Lakadganj, Nagpur.
__
Office Notes, Office Memoramda of Coram,
appearances, Court’s orders of directions Court’s or Judge’s orders.
and Registrar’s Orders.
Mr. S.D. Dewani, Advocate for applicant.
Mr. M.J. Khan, A.P.P. for non applicant-State.
Mr. H.R. Gadia, Advocate for first informant.

CORAM : V. M. DESHPANDE, J.

DATED : JANUARY 16, 2020.

These three applications for pre-arrest bail arise
out of Crime No. 358/2019 registered with Police Station,
Lakadganj, Nagpur for an offence punishable under Section
498A read with Section 34 of the Indian Penal Code and
under Section 3 of the Dowry Prohibition Act.

Applicants in Criminal Application (ABA) No.
839/2019 are mother-in-law and father-in-law, applicant in
Criminal Application (ABA) No. 840/2019 is husband,
whereas applicants in Criminal Application (ABA)
No.841/2019 are married sister-in-law and brother-in-law of
victim/complainant Mahima Sawlani. Marriage of

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2 aba839-841.19.odt

complainant took place with Akash on 25.02.2017.

On 18.06.2019, the first informant registered an
offence against the applicants in these three applications. In
the First Information Report it is stated that the mother-in-
law and the married sister-in-law gave kick blow on stomach
of Mahima when she was carrying pregnancy, which
resulted into her abortion.

The State has filed reply. As per reply,
investigating officer has made a statement that he has
recorded the statement Dr.Swaraj Naik and as per her
statement recorded on 30.12.2019, complainant came for
treatment on 15.01.2019 for the first time. She was carrying
pregnancy of two months. As per statement of Dr. Swaraj
Naik, complainant disclosed that she is having bleeding and
having pains at abdomen. As per sonography report, said
foetus was not properly developing, therefore complainant
was admitted on 19.01.2019 in the hospital at Nursing
Home, Jabalpur. At that time, as per reply, no information
was given about this treatment.

Learned Additional Public Prosecutor for the
State makes a solemn statement on the basis of instructions
given to him by the investigating officer that the
investigation does not show that due to act of the applicants
abortion caused.

Heard Mr.Dewani, learned counsel for the
applicant, Mr. Khan, learned Additional Public Prosecutor
for non applicant-State and Mr. Gadhia, learned counsel
appearing for the original complainant.

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Mr. Gadhia, the learned counsel submits that the
complainant along her father is present the Court. Learned
counsel for the applicants and learned counsel for
complainant on instructions from the their respective clients
submit that they are ready for the mediation.

Mr. Dewani, learned counsel for the applicants
submits that his clients are ready to return the articles at
serial Nos. 1 to 9 as disclosed by complainant in her
complaint.

Statement of Mr. Dewani, learned counsel for
applicants is accepted.

Both the learned counsel submit that Smt. Padma
Chandekar, Advocate be appointed as a Mediator.

Accordingly, Smt. Padma Chandekar, Advocate is
appointed in the matter as a Mediator. She is requested to
mediate in between complainant and applicants.

Both the parties submit that they will appear
before the learned Mediator on 21.01.2020 at 02:00 p.m. in
the Mediation Centre, Bombay High Court, Bench at Nagpur.

At the time of first meeting applicants are
directed to hand over the articles mentioned in the
complaint from serial Nos.1 to 9 without fail.

Both the parties submit that they will extend full
cooperation to the learned Mediator.

Learned Mediator is requested to submit her
report of mediation within a period of four week from the
first appearance of the parties.

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The interim order granted in favour of the
applicants to continue.

Condition No.(iii) of the order dated 24.12.2019
in Criminal Application (ABA)No. 841/2019 is modified and
applicant – Adesh s/o Rameshchandra Gupta is hereby
directed to attend Police Station, Lakadganj, Nagpur once in
15 days i.e. on fourth Sunday and second Sunday of every
month and shall be with the investigating officer from 02:00
p.m. 05:00 p.m.
Put up this matter on 20.02.2020.

JUDGE

srwagh

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