Bombay High Court
Lata W/O Dagadu Shirsath vs The State Of Maharashtra And ... on 3 February, 2021
Bench: T.V. Nalawade, M. G. Sewlikar
Cri. Appln. No. 4199/19 & Anr.
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IN THE HIGH COURT AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 4199 OF 2019
1. Bhagchand Sonaji Shirsath,
Age 59 years, Occu. Retired,
R/o. Eknath Nagar, Kedgaon,
Tq. & District Ahmednagar.
2. Mahesh Dnyandeo Bange,
Age 36 years, Occu. Private Service,
R/o. Tilak Road, Ahmednagar.
3. Ganesh Bhagchand Shirsath,
Age 28 years, Occu. Business,
R/o. Eknath Nagar, Kedgaon,
Tq. & District Ahmednagar.
4. Poornima Mahesh Bange,
Age 33 years, Occu. Nurse,
R/o. Tilak Road, Ahmednagar.
5. Rambhabai Dnyandeo Bange,
Age 65 years, Occu. Housewife,
R/o. Tilak Road, Ahmednagar.
6. Sangita Dnyandeo Bange,
[Sangita Navnath Kamble],
Age 48 years, Occu. Housewife,
R/o. Siddarthnagar, Ahmednagar.
7. Amol Navnath Kamble,
Age 27 years, Occu. Pentair,
R/o. Siddarthnagar, Ahmednagar.
8. Raju Navnath Kamble,
Age 25 years, Occu. Pentair,
R/o. Siddarthnagar, Ahmednagar.
9. Sakharbai Prakash Sonawane,
Age 60 years, Occu. Housewife,
R/o. Indira Nagar, Ahmednagar.
10. Rajasbai Deoram Magar,
Age 68 years, Occu. Housewife,
R/o. Warolacha Maruti Road, Nalegaon,
Ahmednagar.
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11. Vijay Deoram Magar,
Age 30 years, Occu. Labour,
R/o. Warolacha Maruti Road, Nalegaon,
Ahmednagar. ....Petitioners.
Versus
1. The State of Maharashtra
2. Lata Dagadu Sirsath,
Age 44 years, Occu. Household,
R/o. In front of Datta Mandir, Shahunagar,
Kedgaon, Taluka and District
Ahmednagar. ....Respondents.
Mr. Joydeep Chaterji, Advocate for applicants.
Mrs. V.N. Patil-Jadhav, APP for respondent No.1/State.
Mr. D.R. Markad, Advocate for respondent No. 2.
WITH
CRIMINAL WRIT PETITION NO. 1561 OF 2020
Lata w/o. Dagadu Sirsath,
Age 45 years, Occu. Household,
R/o. Opp. Datta Mandir, Shahunagar,
Kedgaon, Taluka and District
Ahmednagar. ....Petitioner.
Versus
1. The State of Maharashtra
Through its Secretary,
Home Department, Mantralaya,
Mumbai-32.
2. The Superintendent of Police,
Ahmednagar.
3. The Police Station Incharge
Kotwali Police Station,
Ahmednagar, Taluka and
District Ahmednagar. ....Respondents.
Mr. D.R. Markad, Advocate for petitioner.
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Mrs. V.N. Patil-Jadhav, APP for respondents.
CORAM : T.V. NALAWADE AND
M.G. SEWLIKAR, JJ.
DATED : 03/02/2021.
JUDGMENT : [PER T.V. NALAWADE, J.]
1. Rule. Rule made returnable forthwith. By consent, heard
both the sides for fnal disposal.
2. Criminal Application No.4199/2019 is fled for relief of
quashing of C.R.No.559/2017 registered with Kotwali Police Station,
Ahmednagar for ofences punishable under sections 395, 354, 435,
427 of Indian Penal Code. The report was given by respondent No. 2
of this proceeding Smt. Lata Shirsath. It appears that the parties are
relatives of each other. In the second proceeding bearing Criminal
Writ Petition No. 1561/2020, relief is claimed by this informant of
direction to police to see that chargesheet is fled and the things are
expedited as the crime was registered in the year 2017 and on the
date of petition, chargesheet was not fled.
3. Copy of F.I.R. is on the record and it shows that incident
dated 17.12.2017 is described. Allegations are made that on that
day, at about 15.30 hours when the informant and her daughter in
law were present in the house with grandson of informant, all the
accused entered her house. She has made allegations against
Bhagchand that he misbehaved with her, he caused tears to her
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clothes and he virtually made her naked. Allegations are made
against other accused Mahesh and Ganesh that they assaulted her
by using sticks on all parts of the body and caused her injuries. She
has made allegations that accused Pournima, Rambha, Sangita and
two sons of Sangita like Amol and Raju and others like Sakharbai and
Rajeshbai virtually pulled down her house consisting of two rooms.
She has made allegations that the household articles were thrown
away by these persons and from her house, gold ornaments worth
Rs.25,000/- and court papers were taken away. In respect of incident
dated 17.12.2017 she gave report on 18.12.2017 and the crime
came to be registered for ofences punishable under sections 395,
354, 435 and 427 of I.P.C. Papers of investigation contain
photographs taken at the time of spot panchanama. The
photographs show that the house consists of two rooms and the
walls of the house were virtually pulled down and household articles
were lying in scattered condition. Receipt in respect of ornaments is
produced by her. Injury certifcate is on record to show that she was
examined medically immediately and atleast nine contusions were
found. There will be evidence of the eye witnesses and thus, it
cannot be said that no incident took place. As the ofence punishable
under section 395 of I.P.C. will be used and there are aforesaid
circumstances, it cannot be said that some of the accused had not
played any part in the incident. For all these circumstances and
nature of allegations made, this Court holds that it is not possible to
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grant the relief of quashing of the F.I.R.
4. In other proceeding bearing Criminal Writ Petition No.
1561 of 2010 direction is claimed against police to see that the
chargesheet is fled. This Court has already discussed the relevant
material. Police report is there showing that police are opposing the
quashing of the case. From this circumstance, it can be gathered that
police want to take further action. Submissions made have created
probability that due to the pendency of the matters, police did not
take further action. Criminal Application No. 4199/2019 was fled for
relief of quashing and after that there was pandemic period. It can be
said that now police can take further action and fle fnal report,
chargesheet, if they form opinion that aforesaid ofences are
committed and there is material to make out case for chargesheet.
5. Submissions made by the learned counsel for accused
that in the past, both the sides had fled complaints against each
other and then they had settled the dispute, cannot help the accused
at this stage. Submissions made that in one matter fled under
Domestic Violence Act, relief was given to one Smt. Surekha by
J.M.F.C., cannot be considered in the present matter. On the contrary,
the record produced shows that informant Lata has been in
possession of this house and the allegations show that the accused
wanted to practically evict her from that house by using force. Due
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to aforesaid circumstance, following order is passed :-
ORDER
I. Criminal Application No. 4199/2019 is dismissed. Rule is
discharged.
2. Criminal Writ Petition No.1561/2020 is allowed. In
Criminal Writ Petition No. 1561/2020 a direction is hereby given to
the concerned police/investigating agency to take decision with
regard to fling of the report/chargesheet within three months from
today. The claim of compensation of the petitioner can be considered
by the trial Court. Rule is made absolute in aforesaid term.
[ M.G. SEWLIKAR, J.] [T.V. NALAWADE, J.]
ssc/
