Sonal Amit Kumar And Anr vs State Of Maharashtra And Anr
2022 Latest Caselaw 10399 Bom

                                                                                 34. Cri. Apl 721 of 2022.doc




                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                     CRIMINAL APPLICATION NO. 721 OF 2022

                             1. Sonal w/o Amit Kumar

                             2. Amit Kumar s/o Lalit Ram                   ...Applicants

                                        vs.

                             1. State of Maharashtra

                             2. Vaijnath Dashrath Wadikar                  ...Respondents

                                                            *****
                             Mr. Amey Deshpande - Advocate for the Applicants
                             Mr. J. P. Yagnik - APP for the Respondent-State
                                                            *****
                                                CORAM :        REVATI MOHITE DERE &
                                                               S. M. MODAK, JJ.

                                              DATE :        10th OCTOBER, 2022


                             P. C. :-

1. Heard learned counsel for the parties.

2. By this application, preferred under Section 482

of the Criminal Procedure Code, the Applicants (being

Sister-in-law and sister-in-law's husband), seek quashing of

the F.I.R., registered vide C.R. No. 448 of 2022 with the

Hadapsar Police Station, Pune, for the alleged ofences Digitally signed SEEMA by SEEMA KSHITIJ KSHITIJ YELKAR

Date:

YELKAR    2022.10.14
          11:50:32 +0530
                             Seema
                                                        34. Cri. Apl 721 of 2022.doc

punishable under Sections 498A, 304B, 323, 506 of the

Indian Penal Code.

3. Learned counsel for the Applicants submits that

the allegation as against the Applicants alongwith the other

accused is, a general allegation i.e. there was a demand

for dowry. He submits that Applicants have never resided

with the deceased and her husband. Learned counsel relied

on the judgments of this Court in the case of Sau.

Mangala Ramdas Medhane and Ors. Vs. The State of

Maharashtra and Ors. in Criminal Writ Petition No. 193 of

2020, (decided on 20/10/2021) and the decision of the Apex

Court in the case of K. Subba Rao and Ors. Vs. The

State of Telangana Rep. By its Secretary,

Department of Home and Ors. in Criminal Appeal No.

1045 of 2018, (decided on 21/08/2018).

4. Perused the F.I.R.. We are informed that

investigation of the case is still in progress and that the

Police have/are recording statements of witnesses.

Seema 2/3

34. Cri. Apl 721 of 2022.doc

5. The Applicants are arraigned as accused in the

aforesaid C.R. alongwith other accused. The ofences

alleged are Sections 498-A, 304-B, 323 and 506 of the

Indian Penal Code. The judgments relied upon by the

Applicants are clearly distinguishable and will not apply to

the facts in hand. Since investigation is in progress, at this

stage, we do not deem it appropriate to entertain the

aforesaid Application seeking quashing of the F.I.R..

6. Application is dismissed. Needless to state that, it

is always open for the Applicants to fle an appropriate

application in the event charge-sheet is fled as against

them.

7. Application is accordingly disposed of.

8. All concerned to act on the authenticated copy of

this order.

     [S. M. MODAK, J.]            [REVATI MOHITE DERE, J.]



Seema                                                                          3/3