Shri. Narendra Pandurang ... vs State Of Maharashtra Thr. P.S. ...
2017 Latest Caselaw 8799 Bom

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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY, 
                      NAGPUR BENCH, NAGPUR.

                 Criminal Application (APL) No. 331 of 2017

Applicants :                      (1)  Shri Narendra Pandurang Lanjewar,
                                         Aged about 33 years, Occ. : - Service,

                                  (2)  Ku. Sonali Pandurang Lanjewar, 
                                         Aged about 27 years, Occ.:- Social work,

                                               Both R/o Babare Colony, near Gajanan 
                                          Maharaj Mandir, Karanja (Lad), Dis. 
                                          Washim.

                                     (3)  Shri Pandurang Zingaji Lanjewar, 
                                            Aged about 57 years, Occ. : - Agriculturist

                                  (4)  Smt. Umabai Pandurang Lanjewar,
                                         Aged abut 52 years,  Occ. : - Agriculturist

                                          Both R/o At : Bhuloda, Post : Bhamb
                                          Devi, Tq. Karanja Lad, Distt. Washim. 

                                             //  Versus //

Non Applicants :-                  (1)  State of Maharashtra,
                                          Through P.S. Dhanaj, Distt. Washim. 

                                   (2)  Smt. Vandana w/o Devendra Lanjewar,
                                          Aged about 30 years, Occ. : Household, 

                                   (3)  Shri. Devendra Pandurang Lanjewar,
                                          Aged about 35 years, Occ. : Private, 

                                          Both R/o Bhuloda, Post : Bhamb 
                                          Devi, Tq. Karanja Lad, Distt. Washim.  

Shri S. A. Kalbande, Advocate for the applicants
Shri N. S. Rao, Additional Public Prosecutor for the non-applicant no. 1
None for the non-applicant nos. 2 and 3




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                                       CORAM      :  R. K. DESHPANDE AND
                                                       M. G. GIRATKAR, JJ.

Date of reserving the judgment : 13/11/2017.

Date of pronouncing the judgment : 17/11/2017.

Judgment (Per : M.G. Giratkar, J)

Rule. Rule made returnable forthwith.

2. By the present application, the applicants have prayed to

quash and set aside criminal case viz. RCC No. 26/2017 (Charge-sheet

No. 84/16/ FIR No. 192/16 for the offence punishable under Sections

498-A, 323, 504 read with Section 34 of the Indian Penal Code) pending

before the Judicial Magistrate First Class, Karanja, District Washim.

3. It is submitted that the non-applicant no. 2 is the wife of

non-applicant no. 3 Devendra Lanjewar who is son of applicant nos. 3

and 4. The non-applicant nos. 2 and 3 performed love marriage on

10-6-2005 at Akola. The applicants had not attended the said marriage

nor said non-applicant nos. 2 and 3 came to the house of applicants. The

non-applicant no. 3 started residing at Badnera with his wife non-

applicant no. 2. They never visited to the house of the applicants.

During the said period of 12 years, non-applicant nos. 2 and 3 have two

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children viz. Master Sarthak, aged 8 years and Ku. Nandini, aged about

11 years.

4. Non-applicant no. 3 Devendra purchased two goods carrier

motor vehicles. He obtained loan for that purpose of near about

Rs. 8 Lakhs. He failed to repay the loan amount. The non-applicant

no. 3 became frustrated. Thereafter he came to the house of the

applicants and started demanding amount therefrom. The applicants

refused to pay the amount to him, therefore, he went to parents-in-law

and borrowed Rs. 50,000/-. That amount was not sufficient, therefore,

he again contacted the applicants but they refused to pay the amount.

5. The non-applicant no. 3 attempted to commit suicide by

sleeping on railway track on 6-6-2016 but he was saved by local people.

He was brought to the house of the applicants. Looking to the precarious

condition of the non-applicant no. 3, applicant nos. 3 and 4 sold 2 acres

of land for repayment of loan taken by the non-applicant no. 3 and

closed the loan account. Thereafter Devendra came to the village of the

applicants and started to reside with them. He again went to Badnera.

He hatched a conspiracy with the non-applicant no. 2 and lodged a false

report against the applicants making false allegations against the

applicants. At last, it is submitted that prima facie report lodged by the

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non-applicant no. 2 is false, therefore, prayed to quash and set aside

charge-sheet pending before the learned trial Court.

6. Heard learned counsel Shri S. A. Kalbande for the applicants

and learned Additional Public Prosecutor Shri Rao for the non-applicant

no. 1.

7. Perused the report lodged by the non-applicant no. 2. From

the perusal of report, it is clear that report was lodged on 17-9-2016. As

per her report, incident took place on 25-6-2016 at 10.30 a.m. It is

alleged by her that applicants not allowed her to enter in their house and

ousted her, beat her etc.

8. The non-applicant nos. 2 and 3 are duly served but remained

absent. From the report itself, it is clear that the non-applicant nos. 2

and 3 performed love marriage in the year 2005. Till the year 2016, they

never came to the house of the applicants. It appears from the

submissions of the applicants that only to extract money, the non-

applicant nos. 2 and 3 hatched conspiracy and lodged a false report.

9. There is a substance in the submissions made by the

applicants because non-applicant nos. 2 and 3 never resided with the

applicants. After love marriage, they were residing at Badnera. They

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never visited to the house of the applicants. It is for the first time non-

applicant no. 2 made allegations that applicants not allowed her to enter

in the house and beat her. As per report, incident took place on

25-6-2016 and report was lodged on 17-9-2016. No reason is given as to

why report was not lodged for a long period of three months. Prima facie

it appears that husband and wife (non-applicant nos. 2 and 3) lodged

report against the applicants only with an intention to get money from

them. Prima facie it appears that report lodged by the non-applicant

no. 2 is without any substance, hence, in view of the judgment of Hon'ble

Supreme Court in the case of State of Haryana Vs. Bhajan Lal [1992

Supp.(1) SCC 335], the criminal proceedings pending against the

applicants is liable to be quashed and set aside. Hence, we pass the

following order :

(i) The criminal application is allowed in terms of prayer

clause (1) and we quash and set aside criminal case viz. RCC

No. 26/2017 / Charge-sheet No. 84/2016 (FIR No. 192/2016

for the offences punishable under Section 498-A 323, 504

read with Section 34 of the Indian Penal Code) pending

before the Judicial Magistrate First Class, Karanja, District

Washim.

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         (ii)      No order as to costs.

10. Rule is made absolute in aforesaid terms.

                         JUDGE                                    JUDGE


wasnik




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