Bombay High Court
Shridhar S/O. Dinesh Wanjalkar ... vs State Of Maharashtra Thr. Police ... on 19 July, 2017
Bench: Prasanna B. Varale
1 jg.apl753.16.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
Criminal Application (APL) No. 753 of 2016
(1) Shridhar S/o Dinesh Wanjalkar
Aged about 32 years, Occupation : Artists,
(2) Sau. Pooja W/o Shridhar Wanjalkar
Aged about 26 years, Occupation : housewife,
Both R/o. Deshpande Plot, Badnera Road,
Amravati. .... Applicants
// Versus //
(1) State of Maharashtra through Police
Station, Paratwada, District Amravati.
(2) Sau. Priti W/o Sagar Wanjalkar,
Aged major years, Occupation :
housewife, R/o. Gupta Nagar, Kandli,
Achalpur, District Amravati. .... Non-applicants
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Shri R. R. Vyas, Advocate for the applicants
Shri M. K. Pathan, A.P.P. for the State/non-applicant no. 1
Shri S. S. Shingane, Advocate for the non-applicant no. 2
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CORAM : PRASANNA B. VARALE and
M. G. GIRATKAR, JJ.
DATE : 19/07/2017.
JUDGMENT (Per : M.G. Giratkar, J.)
Heard Shri Vyas, learned counsel for the applicants,
Shri Pathan, learned Additional Public Prosecutor for the State/non-
applicant no. 1 and Shri Shingane, learned counsel for the non-
applicant no. 2.
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2. Rule. Rule made returnable forthwith.
3. Present application is filed by the applicants to quash and
set aside the First Information Report registered for the offence
punishable under Section 308 read with Section 34 of the Indian Penal
Code on the report of non-applicant no. 2 by Police Station,
Paratwada, District Amravati vide Crime No. 466/2016. It is submitted
that the non-applicant no. 2 lodged report stating that her husband
Sagar Wanjalkar was suffering from HIV before the marriage. Her
father-in-law and mother-in-law was knowing the same but concealing
the same fact. They performed marriage of Sagar with the
complainant. She conceived from her husband and it was detected
that she is also suffering from HIV. It is alleged in the report that
because of her husband, she is also suffering from HIV and likely to
die. On her report, crime was registered.
4. It is submitted that the applicant nos. 1 and 2 are brother-
in-law and co-sister of non-applicant no. 2. They were not knowing
anything about the disease. They are falsely implicated and hence,
prayed to quash and set aside the First Information Report registered
by Police Station, Paratwada, District Amravati vide Crime No.
466/2016.
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5. Shri Vyas, learned counsel for the applicants has pointed
out the report and submitted that the applicants were not knowing
about the disease of husband of non-applicant no. 2. They are falsely
implicated.
6. From perusal of First Information Report, it appears that
offence punishable under Section 308 of Indian Penal Code is
registered against the applicants also. Material ingredients of Section
308 are not attracted. Disease of HIV was such type of decease,
nobody will disclose to anybody. The applicant no. 1 is brother of
husband of non-applicant no. 2 and the applicant no. 2 is her co-sister.
There is nothing on record to show that the applicants were knowing
HIV disease of Sagar/husband of non-applicant no. 2. Therefore, First
Information Report lodged against the applicants liable to be quashed
and set aside. Hence, we allow the application in terms of prayer
clause (ii) and quash and set aside the First Information Report
registered for the offence punishable under Section 308 read with
Section 34 of the Indian Penal Code against applicant nos. 1 and 2 by
Police Station, Paratwada, District Amravati vide Crime No. 466/2016.
JUDGE JUDGE
wasnik
