Bombay High Court
Rajendra S/O Panjabrao Lahe And 2 ... vs State Of Maharashtra, Thr. Pso, ... on 21 September, 2021
Bench: V.M. Deshpande, Amit B. Borkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO. 411 OF 2021
1. Rajendra s/o Panjabrao Lahe
Aged about 60 years, Occ. Agriculturist
2. Maya W/o Rajendra Lahe,
Aged about 55 years, Occ. Agriculturist
Applicant No. 1 & 2 are resident of .. APPLICANTS
Bhadshivani, Tq. Karanja, Dist. Washim
3. Vaishanvi Dhiraj Bande
Aged about 30 years, Occ. Housewife,
R/o Adarsh Nagar, Shegaon Naka,
Khamgaon, Dist. Buldhana
Versus
1. State of Maharashtra,
Through Police Station Officer, Police
Station, Karanja (Rural), Tq. Karanja,
Dist. Washim .. RESPONDENTS
2. Sau. Arpita W/o Pravin Lahe,
Aged about 30 years, Occ. Housewife,
R/o Bhadshivani, Tq. Karanja,
Dist. Washim
Mr. A.V. Band, Advocate for applicants
Mr. T.A. Mirza, A.P.P. for non-applicant / State
Mr. S.D. Chande, Advocate for the non-applicant No.2
CORAM: V.M. DESHPANDE, &
AMIT B. BORKAR, JJ.
DATE : SEPTEMBER 21, 2021
JUDGMENT : (Per : Amit B. Borkar, J.)
Heard. Rule. Rule made returnable forthwith.
apl-411-2021.odt
2. By this application under Section 482 of the Code of
Criminal Procedure, the applicants are challenging registration
of First Information Report No.58/2021, dated 06/03/2021,
registered with non-applicant No.1 - Police Station for offences
punishable under Sections 354, 294, 323, 504, 506 read with
Section 34 of the Indian Penal Code.
3. The First Information Report came to be registered
against the applicants with the accusations that in Diwali of
2020, the applicant No.1 sent "I love you" message to the non-
applicant No.2. Since the said matter was within the family of
applicants and non-applicant No.2, the father-in-law of non-
applicant No.2 told her to delete the message and settle the
matter. Thereafter, the non-applicant No.2 started construction
of her house and on 06/03/2021, when the construction was
going on, the applicants came at the sight and obstructed for
construction of the house. When the non-applicant No.2 was
trying to convince the applicant No.1, the applicant No.1 hold
hands of non-applicant No.2 and with bad intention forcibly put
her down and fell on her. The applicants assaulted non-
PAGE 2 OF 5
apl-411-2021.odt
applicant No.2 by kicks and blows on her stomach. The
applicants No.2 and 3 hold hairs of non-applicant No.2 and
assaulted. During this scuffle, saree and blouse of non-
applicant No.2 was torn. They also abused non-applicant No.2
in filthy language and threatened with her dire consequences.
Non-applicant No.2 therefore filed First Information Report
against the applicants.
4. The applicants have therefore challenged the
registration of First Information Report by filing present
application. This Court on 12/03/2021 issued notice to non-
applicants. The non-applicant No.1 has filed reply stating that
the Investigating Officer has recorded statement of witnesses
and the statements prima facie depict the role played by the
applicants in commission of the said offence.
5. We have carefully considered the allegations made
in the First Information Report along with the First Information
Report lodged by the present applicants, which is earlier in the
point of time. The First Information Report lodged by the
PAGE 3 OF 5
apl-411-2021.odt
applicants arising out of the same incident lodged at 18:27 Hrs.
on 06/03/2021, but, the report lodged by the non-applicant
No.2 has been lodged at 21:02 Hrs. on 06/03/2021 bearing FIR
No.58/2021. Since both the reports arise out of the same
incident, we have carefully considered allegations in the First
Information Report. We have already dismissed the Criminal
Application filed by the non-applicant No.2 along with others on
the ground that the case diary shows prima facie involvement of
the non-applicant No.2 and the injury certificate shows head
injury caused to the applicant No.2 herein. It appears that since
the applicant No.2 herein had filed report against the non-
applicant No.2 and others, present report has been filed against
the applicants. We are of the opinion that the report filed by
the non-applicant No.2 is not a legitimate prosecution. In our
considered view, continuation of the proceedings against the
applicants would amount to abuse of process of Court. We
therefore pass the following order :
The First Information Report bearing No.58/2021,
dated 06/03/2021, registered with non-applicant No.1 - Police
Station for offences punishable under Sections 354, 294, 323,
PAGE 4 OF 5
apl-411-2021.odt
504, 506 read with Section 34 of the Indian Penal Code, is
quashed and set aside.
6. Rule is made absolute in the above terms. Pending
application(s), if any, stand(s) disposed of.
JUDGE JUDGE
MP Deshpande
PAGE 5 OF 5
