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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…
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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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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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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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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