Bombay High Court
Rajni W/O Nagorao Choudhari And 5 ... vs The State Of Mah., Thr. Police ... on 9 September, 2021
Bench: V.M. Deshpande, Amit B. Borkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION [APL] NO. 401 OF 2021
APPLICANTS : 1] Sau. Rajni W/o Nagorao Choudhari,
Aged about 54 years, Occu. Household,
R/o Near Police Station, Jija Mata Chowk,
Karanja Lad, Dist. Washim.
2] Nagorao S/o Ramhari Chaudhari,
Aged about 61 years, Occu. Private,
R/o Near Police Station, Jija Mata Chowk,
Karanja Lad, Dist. Washim.
3] Sau. Shital W/o Surendra Raut,
Aged about 32 years, Occu. Nil
R/o Wadgaon Road, Parijat Society No.2,
Yavatmal, Dist. Yavatmal.
4] Ashish S/o Nagorao Chaudhari,
Aged about 35 years, Occu. Private,
R/o Near Police Station, Jija Mata Chowk,
Karanja Lad, Dist. Washim.
5] Surendra Raut,
Aged 38 years, Occu. Journalist,
R/o Wadgaon Road, Parijat Society No.2,
Yavatmal, Dist. Yavatmal.
6] Sau. Rital Sandeep Rokde,
Aged about 31 years, Occu. Household,
R/o Ranjangaon, Tq. Shirur, Dist. Pune.
VERSUS
NON-APPLICANTS : 1] State of Maharashtra,
through Police Station Officer,
Police Station, Nandgaon Khandeshwar,
Tah. Nandgaon Khandeshwar, Dist. Amravati.
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2] Snehal W/o Ashish Choudhari,
Aged about 29 years, Occu. Household,
R/o Saoner, Tq. Nandgaon Khandeshwar,
Dist. Amravati.
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Mr. T. U. Tathod, Advocate for the applicants.
Mr. V. A. Thakre, A.P.P. for the non-applicant no.1/State
Mr. N. A. Gawande, Advocate for the non-applicant no.2.
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CORAM : V. M. DESHPANDE and AMIT B. BORKAR, JJ.
DATE : SEPTEMBER 09, 2021.
ORAL JUDGMENT [Per Amit B. Borkar, J.]
Rule. Rule is made returnable forthwith. Heard finally
by consent of the learned counsel for the parties.
2. Heard Shri T. U. Tathod, learned counsel for the
applicants, Shri V. A. Thakare, learned Additional Pubic Prosecutor
for the non-applicant no.1/State and Shri N. A. Gawande, learned
counsel for the non-applicant no.2.
3. By this application under Section 482 of the Code of
Criminal Procedure, the applicants are challenging registration of
First Information Report dated 30.12.2020 bearing Crime No.
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371/2020 for the offence punishable under Sections 498-A, 504 read
with Section 34 of the Indian Penal Code registered with Police
Station, Nandgaon Khandeshwar, Dist. Amravati.
4. The first information report was registered against the
applicants on the basis of the report lodged by non-applicant no.2
with the allegations that marriage between her and applicant no.3
was performed in the year 2017. It is alleged that on 25.09.2020,
the applicants assaulted on non-applicant no.2 and applicant no.2
abused non-applicant no.2. It is also alleged that the applicants were
harassing non-applicant no.2 mentally and physically on the ground
of non-payment of dowry. The applicants have, therefore, challenged
the registration of the first information report by filing the present
application.
5. In pursuance to the notices issued to the non-applicants
by this Court on 11.03.2021, non-applicant no.1/State as well as
non-applicant no.2/complainant have filed their replies.
6. Non-applicant no.2 by filing reply dated 17.03.2021 has
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stated that the investigating agency has recorded the statements of
the witnesses and it is revealed that the applicants have harassed
non-applicant no.2 on the ground of non-payment of dowry.
Non-applicant no.2 has also filed her reply stating that
after the incident dated 25.09.2020, she was forced to reside with
her parents from 28.09.2020 to 20.10.2020.
7. We have carefully considered the allegations in the first
information report and the case papers produced by the learned
Additional Public Prosecutor. On careful scrutiny of the first
information report and the case papers produced by the prosecuting
agency and the reply filed by non-applicant no.2, we are satisfied
that the allegations made against applicant nos.1, 3, 5 and 6 are
vague in nature. The Hon'ble Apex Court in K. Subba Rao and
others .vs. State of Telangana, represented by its Secretary , reported
at 2018 (14) SCC 452 has held that relatives of husband should not
be roped in on the basis of omnibus allegations, unless specific
instances of their involvement in crime are made out. It is observed
that tendency of implicating the in-laws on vague allegations has
been on increase and hence, deep scrutiny in such allegations against
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in-laws is needed.
8. In the light of the observations of the Hon'ble Apex
Court, we are of the view that the allegations against applicant nos.1,
3, 5 and 6 are vague in nature and therefore, the prosecution against
them need not to be continued as the same would amount to abuse
of the Court. Insofar as allegations against applicant nos.2 and 4 are
concerned, we are satisfied that the allegations against applicant
nos.2 and 4 prima facie constitutes an offence against them. Truth
or otherwise of the allegations against them needs to be adjudicated
in the full fledged trial. In our view, this is not a case where at the
threshold of the investigation, the Court should quash the first
information report against applicant nos.2 and 4.
9. On overall consideration of the material produced on
behalf of the parties, we are satisfied that the application deserves to
be partly allowed. We, therefore, pass the following order :
ORDER
1. The Criminal Application (APL) No. 401/2021 is partly
allowed.
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2. First Information Report dated 30.12.2020 vide Crime
No. 371/2020, registered with Police Station,
Nandgaon Khandeshwar, Dist. Amravati for the
offence punishable under Sections 498-A, 504 read
with Section 34 of the Indian Penal Code, is quashed
and set aside against applicant no.1 - Sau. Rajni W/o
Nagorao Choudhari ; applicant no.3 - Sau. Shital W/o
Surendra Raut ; applicant no.5 - Surendra Raut ; and
applicant no.6 Sau. Rital Sandeep Rokde.
3. Criminal Application (APL) No. 401/2021 is dismissed
against applicant no.2 - Nagorao S/o Ramhari
Chaudhari ; and applicant no.4 - Ashish S/o Nagorao
Chaudhari.
4. The criminal application is disposed of.
JUDGE JUDGE
Diwale
