Bombay High Court
Jayashri Vishwasrao Deore @ ... vs The State Of Maharashtra And ... on 12 December, 2022
Bench: V. V. Kankanwadi, Abhay S. Waghwase
CriAppln-1317-2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1317 OF 2022
Jayashri Vishwasrao Deore, (Sister-in-law)
@ Jayashri Prashant Bhosale
Age : 38 Years, Occ. : Service,
R/o : Plot No. 61/62/63/1,
Gat No.148, Flat No. B-5,
Vastalya Vihar Appt.,
Ramanand Naar Bus Stop,
Yashwant Nagar, Jalgaon,
Dist. Jalgaon ... Applicant
Versus
1. The State of Maharashtra,
2. Nutan Bhushan Deore
@ Nutan Ramesh Patil,
Age : 33 Years, Occ.: Service,
R/o. C/o. Ramesh Macchindra Patil,
At Post Gondur, Taluka Dhule,
Dist. Dhule. ... Respondents
...
Mr. Amil S. Savale, Advocate for Applicant.
Mr. M. M. Nerlikar, APP for Respondent No.1-State.
Ms. Pratiksha C. Kale, Advocate for Respondent No.2 (Appointed)
...
CORAM : SMT. VIBHA KANKANWADI AND
ABHAY S. WAGHWASE, JJ.
DATE : 12th DECEMBER 2022.
JUDGEMENT (ABHAY S. WAGHWASE, J.) :
1. Sister-in-law of respondent No.2, by invoking section 482 of
Cr.P.C., has prayed for quashing of FIR bearing No.69 of 2022 registered at
CriAppln-1317-2022.odt
Deopur Police Station, Dhule, Dist. Dhule, for the offences punishable under
sections 498-A, 323, 504, 506 and section 34 of Indian Penal Code.
Factual matrix
2. Respondent No.2 set in law in motion informing that she was
married to Bhushan Vishwasrao Deore on 03.05.2012. According to informant,
her husband was in service as a lecturer. After being treated properly for a
period of 3 to 4 months, she has alleged that mother-in-law, father-in-law and
sister-in-law continuously taunted her saying that she cannot do any work and
that she is bad luck for them. She has alleged that they used to say to her that
her father had not given proper honour to them in marriage and also used to
instigate her husband to beat her. She has alleged that she and her husband
moved to Chandroday Kalani Gondur Road, Deopur, Dhule in a rented
premises. There also, her in-laws and sister-in-law used to instigate her
husband by talking on phone and resultantly, he abused and beat her. She has
alleged that her husband stripped her of her 'stree dhan' and driven her out of
house. With such allegations she lodged the FIR on the strength which, police
registered crime for above offences.
3. Learned counsel for applicant would point out that present
applicant, who is sister-in-law of the informant, is resident of Yashwant Nagar,
Jalgaon, whereas informant stayed with her husband at Chandroday Kalani
Gondur Road, Deopur, Dhule and both places are distinct. Taking us through
CriAppln-1317-2022.odt
the FIR, it is submitted that role of applicant is not described or defined but
still she is named along with the husband and in-laws and they are not party
to the application. According to learned counsel, present FIR is merely abuse
of process of law and with sole intention of harassing entire family out of
revengeful attitude and hence, above relief is sought.
4. On behalf of the State, learned APP strongly opposes the
application and submits that applicant has also participated in taunting and
instigating husband, who in turn subjected informant to ill-treatment.
Therefore, she deserves to face trial.
5. In answer to above, learned counsel for respondent No.2 also
pointed out that applicant herein, who is sister-in-law, was initially staying
with her brother and parents. That, there are allegations about ill-treatment
after 3 to 4 months of marriage. Therefore, she being named in the FIR, she
prayed to dismiss the application.
6. As inherent powers of this Court under section 482 of Cr.P.C. are
invoked, it would be appropriate to first highlight the legal position as to when
such powers under Section 482 of Cr.P.C. can be exercised. The law on this
point is fairly settled by slew of judgments including Inder Mohan Goswami
and Anr. Vs. State of Uttaranchal and Ors. ; (2007) 12 SCC 1 and Mahendra
K.C. Vs. State of Karnataka and Another ; (2022) 2 Supreme Court Cases 129.
CriAppln-1317-2022.odt
7. In light of the legal requirement as laid down in the above
rulings, if we examine the FIR, it is apparent that after marriage, informant
has levelled allegations about taunting like, unable to do work, she being bad
luck for them, about not giving proper honour in marriage by her father and
also about instigating husband. Therefore, apparently, allegations are vague,
non-specific and minor in nature. FIR clearly shows that informant and her
husband resided separately at Chandroday Kalani Gondur Road, Deopur,
Dhule in a rented premises, whereas, present applicant is shown to be resident
of Vastalya Vihar Apartment, Yashwant Nagar, Jalgaon, as is evident from the
copy of Aadhar card. Even otherwise, FIR clearly discloses that at such time,
after residing separately, allegations are about instigating the husband on
phone. Taking such material into consideration, it is obvious that instant FIR is
clearly an attempt to abuse the process of law. It would be hazardous to make
applicant face trial with such allegations on record. Finding it a fit case for
exercise of powers under sections 482 of Cr.P.C., we proceed to pass following
order :
ORDER
i) The application is allowed in terms of prayer clause (B).
ii) The application is accordingly disposed of.
(ABHAY S. WAGHWASE, J.) (SMT. VIBHA KANKANWADI, J.)
Tandale
