Bombay High Court
Shahaji Baburao Bhalekar And ... vs State Of Maharashtra Thr. Police ... on 19 January, 2021
Bench: Z.A. Haq, Amit B. Borkar
1 J-APL-175 and 176.18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.175 OF 2018
WITH
CRIMINAL APPLICATION (APL) NO.176 OF 2018.
CRI. APPLICATION NO. 175/2018
1. Shahaji Baburao Bhalekar,
Aged about 71 years, Occ. Retired,
2. Shobha Shahji Bhalekar,
Aged about 61 years, Occ. Housewife,
R/o. A3/1201, Shimmer and Shine,
Anand Nagar, Sinhagad Road,
Pune.
3. Yogita Satyawan Thorat,
Aged about 41 years, Occ. Housewife,
R/o. K6/18, Gaurinandan,
Aditya Nakoda Enclave 2,
Sinhagad Road, Pune. . . . . APPLICANTS
. . . . VERSUS . . . .
1. State of Maharashtra through
Police Station Officer,
Police Station Risod,
Dist. Washim.
2. Jyotika Siddesh Bhalekar,
Aged about 31 years, Occ. Nil,
R/o. Deshmukh Galli,
Risod, Dist. Washim . . NON-APPLICANTS
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CRI. APPLICATION (APL) NO. 176/2018
Siddesh Shahaji Bhalekar,
Aged about 33 years, Occ. Nil,
R/o. A3/1201, Shimmer and Shine,
Anand Nagar, Sinhagad Road,
Pune. . . . . APPLICANT
. . . . VERSUS . . . .
1. State of Maharashtra through
Police Station Officer,
Police Station Risod,
Dist. Washim.
2. Jyotika Siddesh Bhalekar,
Aged about 31 years, Occ. Nil,
R/o. Deshmukh Galli,
Risod, Dist. Washim . . . . NON-APPLICANTS
-------------------------------------------------------------------------------------------
Shri A.R.Fule, Advocate for applicants.
Ms.Mayuri Deshmukh, Additional Public Prosecutor for the Non-
applicant No.1 - State.
Shri M. Ateeque, Advocate for the non-applicant no.2.
CORAM: Z.A. HAQ & AMIT B. BORKAR, JJ.
DATED : 19/01/2021.
ORAL JUDGMENT : (PER AMIT B. BORKAR, J.)
1. Heard.
2. Rule. Rule is made returnable forthwith. Heard by
consent of the learned Advocate for the applicants and the learned
Additional Public Prosecutor appearing for the respective parties.
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3. Since, both these applications challenge the same
First Information Report, they are being disposed of by common
judgment.
4. These are the applications under Section 482 of
the Code of Criminal Procedure challenging the registration of
First Information Report bearing No.46/2018 dated 17.2.2018
registered with non-applicant no.1 - Police Station for offences
under Sections 498-A, 313, 406, 506 read with Section 34 of the
Indian Penal Code.
5. The First Information Report came to be registered
against the applicant - husband in Criminal Application
no.175/2018 with the accusation that the applicant - husband
demanded dowry from the non-applicant no.2 and mentally and
physically harassed the non-applicant no.2 from time to time.
6. The applicants, therefore, filed present application
before this Court. This Court on 20th August, 2018 issued notice
for final disposal making it returnable on 1 st October, 2018. In the
meantime, it was directed that the charge-sheet shall not be filed.
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7. The non-applicant no.1, in pursuance of the notice
filed its reply and pointed out that there is sufficient material
available with the prosecution to conduct trial against the
applicant. It is further stated that the Sessions Judge had granted
anticipatory bail to the applicant . It is further submitted that the
investigation would reveal full complicity of the applicant in the
crime registered against the applicant. The non-applicant no.2
filed her reply and submitted that the applicant demanded dowry
from the non-applicant no.2. The applicant mentally and
physically harassed the non-applicant no.2 from time to time. The
applicant and his family members have taken away golden
ornaments of the non-applicant no.2 approximately of
Rs. 1,50,000/-.
8. We have carefully considered the contents of the
First Information Report and the accusation made against the
applicant. It is to be noted that the First Information Report came
to be registered against the applicants on 17.2.2018. It appears
that the non-applicant no.2 left her matrimonial home on
30.5.2017. The applicant filed divorce proceedings in the Family
Court, Pune on 19.12.2017. The complainant appeared before the
Family Court, Pune on 20.1.2018. The First Information Report
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has been filed on 17.2.2018. It is, therefore, manifest that the
First Information Report has been filed with vengeance and as a
counter-blast to the divorce proceedings of the applicant. Even
otherwise, the allegations in the First Information Report are
vague in nature against the applicants. There are no dates and
details given by the non-applicant no.2 about the alleged physical
and mental harassment. We are, therefore, satisfied that the
continuance of the present proceedings would abuse of process of
Court in both applications. We, therefore, pass the following
order:
ORDER
Rule is made absolute in the terms of prayer clause (i).
Prayer clause (i) reads as under:
(i) Allow these applications and quash and set
aside aside First Information Report No.46/2018
dated 17.02.2018 registered at Risod Police Station,
Washim for offences punishable under Sections
498-A, 313, 406 and 506 and 34 of the Indian Penal
Code".
Both Criminal Applications stand disposed.
JUDGE JUDGE
Ambulkar
