Bombay High Court
Anil Janardhan Shinde vs The State Of Maharashtra Thr. The ... on 14 January, 2021
Bench: Z.A. Haq, Amit B. Borkar
1 24-J-APL-371-18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.371 OF 2018
Anil Janardhan Shinde,
Age : 35 years,
Occupation : Teacher,
Residing at Lonar,
Taluka : Lonar,
District : Buldhana. ... APPLICANT
// V E R S U S //
1. The State of Maharashtra,
Through the Police Station Officer,
Buldhana City Police Station,
Taluka and District Buldhana.
2. Preeti Anil Shinde,
Age : 30 years,
Occupation : Service / Staff Nurse,
Residing at c/o Sunil Thakur,
A.S.I. Shivshankar Nagar,
Buldhana City Taluka
and District : Buldhana. ... NON-APPLICANTS
-------------------------------------------------------------------------------------------
Shri R. D. Dhande, Advocate for applicant.
Shri S. D. Sirpurkar, Additional Public Prosecutor for non-applicant
No.1-State.
S/Shri R.D.Karode / M. P. Suryawanshi, Advocates for non-applicant
No.2.
-------------------------------------------------------------------------------------------
CORAM: Z.A. HAQ & AMIT B. BORKAR, JJ.
DATED : 14/01/2021.
ORAL JUDGMENT : (PER AMIT B. BORKAR, J.)
1. Rule. Rule made returnable forthwith.
::: Uploaded on - 18/01/2021 ::: Downloaded on - 07/02/2021 18:20:13 :::
2 24-J-APL-371-18.odt
2. By this application under Section 482 of the Code
of Criminal Procedure, the applicant has challenged the FIR
bearing Crime No.150/2018 dated 15/03/2018 registered with
the non-applicant No.1 - Police Station for the offences punishable
under Sections 420, 468, 471, 199 and 200 of the Indian Penal
Code.
3. The applicant is husband of the non-applicant No.2.
Due to matrimonial issues, the proceedings before Civil Judge,
Senior Division, Buldhana bearing HMP No.31/2016 under the
provisions of the Hindu Marriage Act, 1955 were filed. In 2016,
the non-applicant No.2 filed proceedings under the provisions of
Sections 17, 18, 19, 20 and 22 of the Protection of Women From
Domestic Violence Act, 2005 before the Judicial Magistrate First
Class, Buldhana. It is alleged that in the said proceedings, a false
affidavit was filed by the applicant. The non-applicant No.2,
therefore, filed a complaint before the non-applicant No.1 - Police
Station alleging that the applicant has made false statement in the
affidavit filed before the Court. It is alleged that the husband in
the Domestic Violence proceedings has made a statement that he
is working as labourer. It is further alleged that in the enquiry held
by the officials of the Court, it was revealed that the affidavit filed
::: Uploaded on - 18/01/2021 ::: Downloaded on - 07/02/2021 18:20:13 :::
3 24-J-APL-371-18.odt
by the applicant is false. The First Information Report under
Sections 420, 468, 471, 199 and 200 of the Indian Penal Code
was, therefore, registered against the applicant.
4. The applicant, therefore, has filed the present
application. This Court on 24/04/2018 issued notice to the non-
applicants and by way of ad-interim relief, it was directed that the
charge-sheet should not be filed against the applicant. The non-
applicant No.1, in pursuance of notice issued, filed reply and it is
submitted that though the applicant was working as Shikshan
Sevak since 01/08/2013, he made false statement in the affidavit
before Court in order to absolve him from payment of
maintenance to the non-applicant No.2. Therefore, it is prayed
that the application deserves to be dismissed.
5. We have carefully considered the contents of the
First Information Report. The allegations in the First Information
Report are to the effect that the applicant had filed false affidavit
in the Court proceedings. After careful consideration of the First
Information Report in the light of ingredients of the offences
which are alleged against the applicant under Sections 420, 468,
471, 199 and 200 of the Indian Penal Code, assuming the
::: Uploaded on - 18/01/2021 ::: Downloaded on - 07/02/2021 18:20:13 :::
4 24-J-APL-371-18.odt
allegations in the First Information Report to be true, the
ingredients of the offences alleged against the applicant are not
made out.
6. In so far as the offences alleged to have been
committed by the applicant under Sections 199, 200 and 471 of
the Indian Penal Code are concerned, in view of bar contained
under Section 195(b) of the Code of Criminal Procedure, the First
Information Report could not have been registered except on the
complaint in writing by the Court or by such Officer of the Court
which such Court may authorize in writing in that behalf. In the
facts of the present case, it is pointed out by the non-applicant
No.2 that as a matter of fact, an application under Sections 199
and 200 of the Indian Penal Code has been filed with the Court
before which the alleged false affidavit has been filed by the
applicant. It will be open for the non-applicant No.2 to pursue the
said application filed under Sections 199 and 200 of the Indian
Penal Code according to law.
7. Since the ingredients of the offences alleged against
the applicant under Sections 420 and 468 of the I.P.C. are not
made out by considering the accusations made against the
::: Uploaded on - 18/01/2021 ::: Downloaded on - 07/02/2021 18:20:13 :::
5 24-J-APL-371-18.odt
applicant, we are satisfied that continuation of the proceedings
against the applicant for the said offences would amount to abuse
of process of law.
8. We, therefore, pass the following order :-
ORDER
I] First Information Report No.150/2018 dated
15/03/2018 filed by the non-applicant No.2 against
the applicant under Sections 420, 468, 471, 199 and
200 of the Indian Penal Code is quashed and set
aside.
II] It is made clear that the non-applicant No.2
could be entitled to adopt to pursue the application
which she has filed under Sections 199, 200 and 471
of the Indian Penal Code before appropriate Court as
contemplated by Section 195(b) of the Code of
Criminal Procedure.
9. Rule is made absolute in the above terms.
JUDGE JUDGE
Choulwar
