Bombay High Court
Shamsundar S/O Ramprasad Wayal ... vs The State Of Maharashtra And Anr on 7 July, 2017
Bench: R.M. Borde
1 APPLN216.2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
CRIMINAL APPLICATION NO. 216 OF 2017
[1] Shamsundar S/o Ramprasad Wayal,
Age : 31 years, Occu. Agriculture,
R/o. Pangri (Bk.), Tq. Mantha,
Dist. Jalna.
[2] Satish S/o Ramprasad Wayal,
Age : 29 years, Occu. Service as
a Police Sub-Inspector,
R/o. Building No. 3, Flat No. 603,
Shrikrishna Garden, MIDC Road,
Meera Road (East),
Mumbai-401 107.
[3] Shobha W/o Ramprasad Wayal,
Age : 55 years, Occu. Nil,
R/o. Pangri (Bk.), Tq. Mantha,
Dist. Jalna. Applicants...
Versus
1] The State of Maharashtra
Through Police Station, Chawni,
(Cantonment), Aurangabad,
Tq. & Dist. Aurangabad.
::: Uploaded on - 10/07/2017 ::: Downloaded on - 13/07/2017 00:22:32 :::
2 APPLN216.2017
2] Rekha Shamsundar Wayal,
Age : 28 years, Occu. Household,
R/o. At present Old Bhavsingpura,
Aurangabad Cantonment, Chawani,
Aurangabad. Respondents...
..........
Mr Shrikant G. Kawade, Advocate for the applicants
Mr M. M. Nerlikar, APP for respondent/State
.............
CORAM : R. M. BORDE &
A. M. DHAVALE, JJ.
DATE : 07TH JULY, 2017
ORAL JUDGMENT (Per R. M. Borde, J.) :-
. Rule. Rule made returnable forthwith. Heard finally with
the consent of the parties and taken up for final disposal at admission
stage.
2. The applicants are praying for quashment of the criminal
proceedings initiated in pursuance to lodging of First Information
Report bearing No. 0476/2016 on 02.12.2016 with Police Station,
Chawni (Cantonment), Aurangabad for the offences punishable
u/s 498A, 504, 323 r/w 34 of the Indian Penal Code.
3 APPLN216.2017
3. Applicant No. 1 is the husband of respondent No. 2
whereas; applicant No. 3 is the mother-in-law of respondent No. 2.
Applicant No. 2 is the brother of applicant No. 1 and stated to be
employed in Police Department and has moved out of the village
since 2007 onwards. The applicants have produced record before
this Court demonstrating that applicant No. 2 was initially appointed
as Assistant Teacher in the year 2007 and was away from his village
Pangri (Bk.). It is further pointed out that, applicant No. 2 has
cleared the examination conducted by Maharashtra Public Service
Commission for the post of PSI. After his selection, he was inducted
in employment in Police Department as a Police Sub-Inspector in the
year 2012. The applicant No. 2 is functioning in the Police
Department since 2012 and is away from village.
4. The allegations in respect of ill-treatment levelled against
applicant No. 2 at its face value cannot be taken to be true. So far as
applicant No. 1/husband and applicant No. 3/mother-in-law are
concerned, according to us, it would be appropriate to allow the
proceedings to proceed against them.
5. For the reasons recorded above, Criminal Application
stands allowed to the extent of applicant No. 2 - Satish Ramprasad
4 APPLN216.2017
Wayal. The criminal proceedings initiated against applicant No. 2 in
pursuance to lodging of First Information Report bearing No.
0476/2016 on 02.12.2016 with Police Station, Chawni
(Cantonment), Aurangabad for the offences punishable u/s 498A,
504, 323 r/w 34 of the Indian Penal Code, stand quashed.
6. Criminal Application to the extent of applicant No. 1 and
applicant No. 3 stands dismissed.
7. Rule made absolute in the aforesaid terms.
[ A. M. DHAVALE ] [ R. M. BORDE ]
JUDGE JUDGE
sgp
