Bombay High Court
Sureshrao Anandrao Deshmukh vs The State Of Maharashtra on 5 July, 2017
Bench: R.M. Borde
Cri.Appln.1903/2017
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1903 OF 2017
1. Sureshrao Anandrao Deshmukh,
Age 62 years, Occu. Agriculture,
2. Sau. Nirmala w/o Sureshrao Deshmukh,
Age 58 years, occu. Agriculturist
and Household
Both r/o Upala (M),
At present residing at Ram Nagar,
Osmanabad, District Osmanabad
3. Rohan s/o Sureshrao Deshmukh,
Age 35 years, occu. Business
4. Sau. Gauravi w/o Rohan Deshmukh,
Age 33 years, Occu. Household
Both r/o Bhandarkar Road, Pune
5. Sau. Sweta w/o Milind Tidke,
Age 33 years, Occu. Household
6. Milind s/o Prakash Tidke,
Age 27 years, Occu. Business
Both r/o Nashik, District Nashik
7. Harshad s/o Sureshrao Deshmukh,
Age 27 years, Occu. Student,
R/o Pune ..Applicants
Versus
1. The State of Maharashtra,
through Police Inspector,
Police Station, Ambad,
Taluka Ambad, District Jalna
2. Sau. Pruthava w/o Harshad
Deshmukh, Age 24 years,
Occu. Nil R/o Gondi,
Taluka Ambad, District Jalna ..Respondents
Mr V.D. Salunke, Advocate for applicants
Mr K.D. Munde, A.P.P. for respondent no.1
Mr R.S. Shinde, Advocate for respondent no.2
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Cri.Appln.1903/2017
2
CORAM : R.M. BORDE AND
A.M. DHAVALE, JJ.
DATE : 5th July 2017
ORAL JUDGMENT (Per R.M. Borde, J.)
Heard.
2. Rule. Rule returnable forthwith. With the consent of parties,
application is taken up for final disposal at admission stage.
3. The applicants are praying for quashment of the criminal
proceedings initiated in pursuance to lodging of first information
report bearing No.63 of 2017 on 3rd April 2017 registered at Police
Station, Ambad for commission of offences punishable under Sections
498-A, 323, 494 read with Secs.34 of the Indian Penal Code.
4. The applicants no.1 and 2 are the parents of the husband of
respondent no.2 - informant, whereas applicant no.7 is the husband of
the complainant i.e. respondent no.2. The applicants no.3 and 4 are
the brother and wife of the accused no.7, husband of the respondent
no.2, whereas the applicants no.5 and 6 are the sister and husband of
sister of applicant no.7, husband of respondent no.2. The respondent
no.2 in the first information report, lodged on 3 rd April 2017, registered
at Ambad Police Station made grievance that she was being ill-treated
by her husband and in-laws. It is also alleged that the members of
family were ill-treating her on account of non-fulfillment of demand of
Rs.10 lakhs for purchase of furniture for flat situated at Pune. It is
Cri.Appln.1903/2017
alleged by the informant that in August 2016, she was required to
leave the matrimonial home as a result of ill-treatment meted out to
her. She was again taken back, however, because of the repeated
instances of ill-treatment, she finally left the matrimonial home in
December 2016. It is further alleged by her that her husband has got
married with one Pranavati Saste and as such, is responsible of
commission of offence under Section 494 of the Indian Penal Code.
The informant also stated to have presented complaint to the women
cell, however, no cognizance thereof was taken as such, she was
constrained to file the first information report in the month of April
2017.
5. The applicants contend that the behaviour of respondent no.2
was not proper and she hardly remained at matrimonial home after
solemnisation of marriage. It is the contention of the applicants that
her the husband of respondent no.2, i.e. applicant no.7 is residing at
Pune for purpose of college education. The brother of the applicant
no.7 and his wife i.e. applicants no.3 and 4 are residing at Pune.
Applicant no.3 is an Engineer and he is employed at Pune. The
applicant no.5, the sister of applicant no.7 and her husband applicant
no.6 are residing at Bombay and have absolutely no connection with
the alleged crime. The allegations made in the first information report
are patently false. The applicant no.7 has presented petition to Family
Court, Pune requesting to grant decree of divorce against respondent
no.2, on 3rd March 2017. It is the contention of the applicants that as
a counter-blast, after receipt of summons from Family Court, Pune,
first information report appears to have been presented. It is also
Cri.Appln.1903/2017
contended by the applicants that on 11 th December 2016, an
application has been presented by the applicant no.1 to Police Station,
Anandnagar, Osmanabad stating that the respondent no.2 threatened
him with lodging of false criminal cases against him and his family
members.
6. We have perused the first information report lodged by the
respondent no.2 on 3rd April 2017. On reading the contents, it appears
that the allegations levelled against all the members of family in
respect of demand of amount of Rs.10,000/- for purchase of furniture
are quite vague. There are no specifications in respect of the role
played by the applicants in the alleged crime. It cannot be assumed
that the members of the family, who are residing at Osmanabad and
are not staying together with the applicant no.7 and the respondent
no.2 can have any role to play in the alleged incident. Applicants no.5
and 6 are admittedly residing at Nashik and at present they have
shifted to Bombay. Applicant no.3 who is brother of applicant no.7 is
serving as Engineer and residing at Pune with his wife. It cannot be
assumed that they have any role to play in the alleged crime. The
parents of applicant no.7 i.e. applicants no.1 and 2 are staying at
Osmanabad and since it appears that respondent no.2 stayed for
some time at Osmanabad and for some time at Pune along with
applicant no.7, they cannot be absolved at this stage of the
proceedings.
7. In this view of the matter, the application presented by the
applicants no.1, 2 and 7 seeking quashment of the criminal
Cri.Appln.1903/2017
proceedings cannot be considered favourably. However, application
presented by applicants no.3, 4, 5 and 6 seeking quashment of the
criminal proceedings initiated at the instance of respondent no.2
being Crime No.63 of 2017 registered on 3 rd April 2017 at Police
Station, Ambad, District Jalna shall stand quashed.
8. Rule is made absolute to the extent, as specified above.
( A.M. DHAVALE, J.) ( R.M. BORDE, J.)
vvr
