Bombay High Court
Sheetal W/O. Nilesh Sonar And ... vs The State Of Maharashtra And Anr on 6 July, 2017
Bench: R.M. Borde
{1}
crwp55717.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO.557 OF 2017
01 Sheetal w/o Nilesh Sonar,
age: 33 years, Occ: Household;
02 Nilesh s/o Madhukar Sonar,
age: 35 years, Occ: service;
Applicant Nos.1 and 2 are
residing at D-101, High bliss
Housing Society, Rajyog Colony,
Near Akurdi Station, Gurudwara
Chowk, Walekar Wadi, Chinchwad,
District Pune.
03 Priyanka w/o Rishikesh Nashikkar,
age: 31 years, Occ: service;
04 Hrishikesh s/o Deepak Nashikkar,
age: 34 years, Occ: service;
Applicant Nos.3 and 4 are
residing at C-604, Aparna Hill Pack,
Avenue City, Chand Nagar,
Telangana, Hyderabad. Petitioners
Versus
01 The State of Maharashtra,
through West Deopur Police Station,
Dhule.
02 Sau.Shubhangi Mukesh Bhamre,
age: 24 years, Occ: Household,
R/o Gyandeep Society,
Chawra School Road, Walwadi,
District Dhule. Respondents
Mrs.S.T.Kazi, advocate for petitioners.
Mr.V.M.Kagane, A.P.P. For Respondent No.1.
Mr.Amit Salve, advocate for Respondent No.2.
::: Uploaded on - 10/07/2017 ::: Downloaded on - 13/07/2017 00:14:14 :::
{2}
crwp55717.odt
CORAM : R.M.BORDE AND
A.M.DHAVALE, JJ.
DATE : 06th July, 2017.
ORAL JUDGMENT (Per R.M.Borde, J.) :
1 Heard. Rule. Rule made returnable forthwith and
heard finally by consent of learned Counsel for respective parties.
2 Petitioner no.1 and petitioner no.3 are sister-in-laws of
respondent no.2 (informant), whereas petitioner no.2 is husband of
petitioner no.1 and petitioner no.4 is husband of petitioner no.3.
Petitioners No.1 and 2 are residing at Chinchwad, Pune, whereas,
petitioners no.3 and 4 are residing at Hyderabad. Petitioners are
praying to quash the proceedings initiated against them in
pursuance to lodging of First Information Report by respondent
no.2 bearing Crime No.18/2017, dated 24.02.2017, for commission
of offence punishable under Sections 498-A, 406, 323, 506 read
with Section 34 of the Indian Penal Code at West Deopur Police
Station, Dhule.
3 We have perused the First Information Report lodged
by the informant on 24.02.2017. The only allegation levelled
against petitioners is in respect of alleged act of abusing the
informant some 15/20 days after her marriage. The marriage of
the informant took place on 27.02.2015 with one Mukesh Bhamre.
Admittedly, the informant and her family members are residing at
Dhule, whereas, petitioners are residing at Chinchwad, Pune and
Hyderabad, respectively. The allegations levelled against
petitioners are quite vague in nature and those allegations if taken
at their face value, do not constitute offence punishable under
{3}
crwp55717.odt
Section 498-A of the Indian Penal Code. So also, there are no
allegations in respect of commission of offence punishable under
Sections 323, 504, 506 read with Section 34 of the Indian Penal
Code, as against petitioners.
4 In our opinion, petitioners have been unnecessarily
roped in the crime. Therefore, the request made by the petitioners
to quash the criminal proceedings initiated against them deserves
to be accepted.
5 For the reasons recorded above, proceedings initiated
against the petitioners in pursuance to lodging of First Information
Report by respondent no.2 bearing Crime No.18/2017, dated
24.02.2017, for commission of offence punishable under Sections
498-A, 406, 323, 506 read with Section 34 of the Indian Penal
Code at West Deopur Police Station, Dhule, stands quashed.
6 Rule is made absolute to the extent above.
A.M.DHAVALE R.M.BORDE
JUDGE JUDGE
adb/crwp55717
