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Uddhav S/O. Laxman Kalaskar And … vs The State Of Maharashtra And Anr on 6 August, 2018

1 CrAppln 1337 18J

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 1337 OF 2018

1) Uddhav s/o Laxman Kalaskar,
Age 28 years, Occ. Student,
R/o. Chincholi, Tq. Paithan,
Dist. Aurangabad.

2) Laxman s/o Asaram Kalaskar,
Age 50 years, Occ. Labourer,
R/o. As above.

3) Prayagbai w/o Laxman Kalaskar,
Age 45 years, Occ. Household,
R/o. As above.

4) Bharat s/o Laxman Kalaskar,
Age 22 years, Occ. Student,
R/o. As above.

5) Meerabai wo Kallyan Tarmale,
Age 35 years, Occ. Household,
R/o. Bokud Jalgaon, Tq. Paithan,
Dist. Aurangabad. … Applicants
(Original accused )
VERSUS

1. The State of Maharashtra.

2. Shakuntala w/o Uddhav Kalaskar,
Age 25 years, Occ. Household,
R/o. Chincholi, Tq. Paithan,
A/p residing at Sonvihir, Tq. Shevgaon,
Dist. Ahmednagar. … Respondents.
(respondent No. 2 is original
complainant)

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2 CrAppln 1337 18J


Advocate for Applicants : Mr. Tribhuwan Nitin T.
APP for respondent No. 1/State : Mr. R.V. Dasalkar.
Advocate for respondent No. 2 : Mrs. A. N. Ansari.

CORAM : T.V. NALAWADE
K. L. WADANE, JJ.

DATE : 6th AUGUST, 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 hearing.

2. This application is filed by the applicants/original accused

under the provisions of section 482 of the Code of Criminal Procedure

for relief of setting aside and quashing the proceeding bearing R.C.C.

No. 77/2015 pending before Judicial Magistrate, First Class, Paithan,

arising out of first information report Crime No. I-165/2014 registered

with Bidkin Police Station, District Aurangabad, for the offences

punishable under section 498A, 323, 504, 506 read with section 34 of

the Indian Penal Code.

3. The brief facts of the case may be stated as follows:

(i) The applicant No. 1 (original accused No. 1 ) is the husband

of respondent No. 2 (original complainant), applicants No. 2 and 3 are

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3 CrAppln 1337 18J

father-in-law and mother-in-law of the respondent no. 2, applicant No. 4

is brother of applicant No. 1 and the applicant No. 5 is sister of the

applicant No. 5.

(ii) Respondent No. 2/original complainant lodged complaint by

alleging that, her marriage performed with applicant No. 1 Udhav prior

to eight years back. After the marriage the applicants treated her well

for about seven years. During the wedlock she has one daughter namely

Divya and also she was pregnant for second time. It is alleged by the

complainant that all the applicants demanded Rs. 50,000/- for

construction of house and on that count they illtreated her physically

and mentally. The complainant has narrated the illtreatment to her

brother on phone. At that time her father and other relatives tried to

gave understanding to the applicants but they did not pay heed and again

started more illtreatment to the complainant and threatened to kill the

complainant. With these allegations, offence came to be registered

against the applicants for the offences punishable under section 498-A,

323, 504, 506 read with section 34 of the Indian Penal Code.

4. We have heard the arguments of Mr. Tribhuwan N.T.,

learned counsel for the applicants, Mr. Dasalkar, learned APP for the

respondent No.1/State and Mrs. Ansari, learned counsel for respondent

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4 CrAppln 1337 18J

No. 2. Learned counsel for applicants, on instructions, withdraw the

application for applicant No. 1.

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

appears that the allegations against the applicants No. 2 to 5 are vague

and general in nature. It is alleged against the applicants No. 2 to 5 that

they were demanding Rs. 50,000/- for the construction of house. But no

specific role or act of each of the applicants has been specifically

mentioned in the first information report. It is also to be noted that in

the supplementary statement of the complainant which is recorded on

15.10.2014, the complainant made exaggerated statement. In previous

statement she has not specifically mentioned the act of each of the

applicants. However, in supplementary statement she made allegations

against the applicants No. 2 to 5 about illtreatment and abuses by

suspecting on her character. Therefore, the contention of the

complainant about illtreatment and harassment at the hands of

applicants appears to be doubtful.

6. On perusal of the record it also appears that there is dispute

between the applicant No. 1 and complainant on the ground of paternity

of their child. So prima-facie it appears that to harass the family

members, the present complaint is filed. No material particular quoting

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5 CrAppln 1337 18J

any specific incident of illtreatment or harassment at the hands of

applicants No. 2 to 5, so as to attract the ingredients of section 498-A of

the Indian Penal Code or other offences as alleged by the complainant.

Hence to prevent the abuse of process of law, we find that discretion

needs to be exercised in respect of applicants No. 4 to 8. Hence,

following order:

ORDER

1. Application of applicant No. 1 Udhav Laxman Kalaskar, is
disposed of as withdrawn.

2. Application of applicants No. 2 to 5 is allowed. Relief is
granted in their favour in terms of prayer clause ‘B’.

3. Rule made absolute in those terms.

7. Criminal application is disposed of.

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

mkd/-

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