Smt. Shobha Pradip Kothari And Anr vs The State Of Maharashtra Thr. ...
2022 Latest Caselaw 4286 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                         NAGPUR BENCH, NAGPUR.


                    CRIMINAL APPLICATION (APL) NO. 284/2019


         1]    Smt. Shobha Pradip Kothari,
               Aged about 55 years, Occ. Household,

         2]    Prabhat S/o Pradip Kothari,
               Aged about 31 years, Occ. Service,

               Both R/o. Plot No. 50,
               New Krushna-Arpan Colony,
               In front of Chhota Bagicha, Amravati.

               [At present Applicant No. 2 is residing
               at Las-Vegas (U.S.A.)]

                                                             .... APPLICANT(S)

                                      // VERSUS //

         1]    State of Maharashtra,
               Through Police Station Officer,
               Police Station Rajapeth,
               Amravati

         2]    Mrs. Radhika w/o Pranit Kothari,
               Aged about 30 years,
               R/o. C/o. Shri Vinodkumar Dhoot,
               Near Shrikrishna Talkies, Digras,
               Taluka Digras, District Yavatmal
                                                         .... NON-APPLICANT(S)




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         *******************************************************************
                      Shri R.M. Daga, Advocate for the Applicant(s)
                 Shri S.M. Ghodeswar, APP for the Non-applicant/State
              Shri S.A. Mohammad, Advocate for the Non-Applicant No. 2
         *******************************************************************

                       CORAM : V.M. DESHPANDE & AMIT BORKAR, JJ.

APRIL 25, 2022

ORAL JUDGMENT : (PER:- V.M. DESHPANDE, J.)

1] RULE. Rule is made returnable forthwith. Heard finally by

consent of the parties.

2] By filing the present Application under Section 482 of the

Code of Criminal Procedure, the Applicants are praying for quashment

of the Crime No. 366/2018 for the offences punishable under Sections

498-A, 504 & 506 read with Section 34 of the Indian Penal Code

registered with Rajapeth Police Station, Amravati and consequent

Charge-sheet. The Applicants are also praying for stay of the R.C.C.

No. 89/2019 pending on the file of the learned Judicial Magistrate First

Class, Court No. 10, Amravati.

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         3]          The Prosecuting Agency has filed the reply. The present

Applicants are mother-in-law and brother-in-law of the Non-Applicant

No. 2. It is an admitted position that the Applicant No. 2 - Prabhat is

the resident of Las Vegas, U.S.A. He is ordinary resident of Las Vegas,

U.S.A. The marriage of the Non-Applicant No. 2 with Pranit Kothari,

son of the Applicant No. 1 and brother of the Applicant No. 2 was

performed on 16/11/2016. It appears that their matrimony was not

happy. On 20/09/2017, the Non-Applicant No. 2 filed a report with

Police Station Digras against the Applicants and her husband since she

was residing at Digras with her parents. The matrimonial house of the

Non-Applicant No. 2 was at Amravati and the allegations were for the

incidences at Amravati. Therefore, the Police Station Officer Digras

rightly transferred the said report to the Police Station Rajapeth and

accordingly at Police Station Rajapeth, crime was registered as Crime No.

366/2018 for the offences punishable under Sections 498-A, 504 & 506

read with Section 34 of the Indian Penal Code.

4] The Investigating Agency has also completed the entire

investigation and has filed the challan in the Court of learned

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Jurisdictional Magistrate. From the First Information Report and the

statements of the witnesses, it is clear that all the allegations are made by

the Non-Applicant No. 2 against her husband including his impotency.

As per the Prosecution case, the Applicant No. 2 was resident of U.S.A.

and from telephonic conversation, according to the Prosecution case, he

used to give instigation to the husband of the Non-Applicant No. 2 and

the Applicant No. 1 to give ill-treatment. The allegations made against

the Applicant No. 1 are most vague in nature. All specific allegations are

made by the wife against her husband. In that view of the matter, in our

view, the law laid down by the Hon'ble Supreme Court in the case of K.

Subba Rao vs. State of Telangana reported in (2018) 14 SCC 452, will

apply with full force in this case.

5] Resultantly, we pass the following order:-

(a) The Application is allowed.

(b) F.I.R. No. 366/2018 along with Charge-sheet bearing

No. 04/2018 filed by the Police Station Officer

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Rajapeth, Amravati for the offences punishable under

Sections 498-A, 504 & 506 read with Section 34 of the

Indian Penal Code are quashed and set aside qua the

present Applicants. Resultantly, R.C.C. No. 89/2019

(State of Maharashtra vs. Pranit and others) pending on

the file of the learned Judicial Magistrate First Class,

Court No. 10, Amravati is also quashed and set aside

qua the present Applicants.

(c) Needless to mention that the Prosecution against Pranit

Kothari to continue.

Rule is made absolute in the above terms. Pending

Application(s), if any, stand(s) disposed of.

                                                 (JUDGE)                               (JUDGE)




   Signed By:AKRAM PARVEZ
   MAQSOOD AHMAD ANSARI
   Private Secretary to Hon'ble Judge
   Signing Date:27.04.2022 14:46

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