Bombay High Court
Ramzani Khan Mohammad Hussain And ... vs The State Of Maharashtra And Anr on 20 July, 2017
Bench: T.V. Nalawade
WP/13/2009
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
919 CRIMINAL WRIT PETITION NO.13 OF 2009
1. Ramjani Khan Mohammad Hussain,
Age 42 years, Occu. Business,
R/o Khizrabad, near Majestic Nagar,
Indore, Tal & District Indore,
(Madhya Pradesh).
2. Shaikh Yusuf S/o Shaikh Husain,
Age 45 years, Occu. Business,
3. Shaikh Latif S/o Shaikh Husain,
Age 52 years, Occu. Business,
Both R/o Khazrana, Block No.40,
Majestic Nagar, Indore,
Tal. & District Indore (Madhya Pradesh) ... Petitioners
Versus
1. The State of Maharashtra
2. Wasima Begam Shaikh Javed,
Age 25, Occu. Household,
R/o Haldi Galli, Vaijapur,
Tal. Vaijapur, Dist. Aurangabad ... Respondents
...
Mr. J.R.Shaikh, Advocate for Petitioners
Mr. R.V.Dasalkar, AGP for State
...
CORAM : T.V.NALAWADE, AND
SUNIL K. KOTWAL, JJ.
DATED : 20th July, 2017
ORAL JUDGMENT (Per Shri. T.V.Nalawade, J.) :-
WP/13/2009
1. This petition is filed for quashment of the RCC No.
275/2008 presently pending in the Court of learned Judicial
Magistrate (First Class), Vaijapur for the offence punishable under
sections 498-A read with 34 of the Indian Penal Code (For the sake of
brevity, "IPC" hereinafter) to the extent of the petitioners only.
2. Heard learned counsel for petitioner and APP for State.
3. It is the contention of the petitioners that they are not
relatives of the first informant and they do not fall within the ambit of
Section 498-A of IPC. It was also submitted that, there is no specific
allegation against the petitioners which can come under the provisions
of Section 498-A of IPC and so the Regular Criminal Case needs to be
quashed, as against them.
4. This Court has carefully gone through the complaint,
which was referred to police and in which after making investigation
charge sheet is filed by the Police. In para No.1 of the complaint, the
relationship of accused No.6 is mentioned as he is maternal uncle of
the husband. Relationship of the accused Nos.7 and 8 is mentioned as
the uncles of the husband. Thus the specific relations are mentioned
in the complaint. In para No.2, 3 and 4 of complaint there are specific
WP/13/2009
allegations even against accused Nos.6, 7 and 8. There is allegation
that, these accused were instigating the other accused like husband and
his parents to give ill-treatment to the first informant - wife, as they
wanted to see that she was deserted and then daughter of accused No.6
can perform marriage with the husband of the informant. They were
ready to give dowry of Rs. 2,00,000/- (Rupees Two Lakh only) for
such marriage of the husband of the informant. They were making an
attempt to see that the first informant was driven out of matrimonial
house. There is also allegation that, all the accused were making
attempt to see that people started saying that first informant is sick and
she was possessed by ghost. Allegations are made against them that
all the accused were asking first informant to bring dowry which is in
para No.8.
5. The learned counsel for petitioner placed reliance on
observation made by Calcutta High Court in Priti Kumar Kar and
Ors Vs. State of W. B. and Anr. [2009 Cri.L.J. 1423]. This case is of
no help to the petitioner as the High Court observed that, the persons
who can be made accused under Section 498-A of IPC needs to be
relatives of the husband either by blood or by marriage. Accused are
said to be related through blood.
WP/13/2009
6. Further reliance was placed on another case i.e. of
Madhya Pradesh High Court (Gwalior Bench) in Prashant Sharma
and others Vs. State of Madhya Pradesh and Another [2017 Cri.L.J.
2015]. In this case, the High Court has held that there has to be some
specific overt act on the part the relatives of the husband, who are not
his parents, to show their involvement in the crime. The specific
allegations are there and, therefore, the proceedings can not be
quashed against petitioners.
7. The petition stands dismissed. Rule is discharged.
(SUNIL K. KOTWAL, J.) (T.V.NALAWADE, J.)
...
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