Sujata W/O Abhishek Kothari vs Abhishek S/O Govindlal Kothari ...
2022 Latest Caselaw 6427 Bom

Judgment                                                               apl739.22

                                   1

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


              CRIMINAL APPLICATION [APL] No. 739/2022.
Sujata w/o Abhishekh Kothari,
Age 45 years, Occupation
Household, resident of Plot No.166,
Shivaji Nagar, Flat No.D/4, 3rd Floor,
Kanchan Vimal Apartment,
Nagpur 440010.                                 ...         APPLICANT.


                                VERSUS

1.Abhishekh s/o Govindlal Kothari,
Age 45 years, Occupation -
Business, resident of Opp. Agyaram
Devi Mandir, Subhash Chandra
Bose Road, Nagpur 440018.

Also at Bhagwati Travels, 171
Subhash Chandra Bose Road,
Nagpur 440018.

2.State of Maharashtra,
through Police Station Officer,
Police Station, Ambazari,
Nagpur.                                        ...    NON-APPLICANTS.
                         ---------------------------------
              Ms. S.H. Bhatia, Advocate for the Applicant.
            Mr.A.C. Jaltare, Advocate for Non-applicant No.1.
             Mr.H.D. Dubey, A.P.P. for Non-applicant No.2.
                         ----------------------------------

                                  CORAM : VINAY JOSHI, J.

                                  DATE     :    JULY 07, 2022.

Rgd.





 Judgment                                                             apl739.22




ORAL JUDGMENT :

Considering the controversy involved in the matter and by

consent of the learned Counsel appearing for the parties, Criminal

Application is taken up for final disposal at the stage of admission.

Admit.

2. The State has applied for addition of charge under

Section 498-A of the Indian Penal Code, which prayer was rejected

by the Magistrate and the revision is also dismissed, therefore, the

parties are before this Court.

3. The applicant - wife was assaulted by the non-applicant

- husband on 05.11.2010 at Gokulpeth Market area. The non-

applicant - husband also pushed her causing injury of grave nature

and smashed her mobile. On the following day, the applicant/ wife

lodged a report with the police on the basis of which a crime was

registered for the offence punishable under Sections 338, 428 and

506 of the Indian Penal Code. After examination of two witnesses,

the prosecution moved an application for adding aforesaid charge.

Rgd.

Judgment apl739.22

4. The learned Counsel appearing for the applicant would

submit that the act of assault amounts to cruelty within the meaning

of Section 498-A of the Indian Penal Code. She would submit that

the non-applicant/husband used to carry knife. There are eye

witness to the incident and the applicants statement is supported by

medical evidence. By no stretch of imagination, the isolated act of

assault would find place within Clause [a] and [b] to Section 498-A

of the Code.

5. Apparently clause [b] would not apply to the situation. In

order to attract clause [a], the conduct of husband should be of such

an extreme nature that there should be likelihood of the women to

commit suicide or cause injury to her life or limb. Besides the act of

assault, there is nothing in the police report nor in the applicant's

evidence. In the circumstances, the challenge is totally devoid of

merits. Criminal Application is therefore, rejected.

JUDGE

Rgd.