Bombay High Court
Digambar Shankar Ingale And 2 ... vs The State Of Mah. Thr. Pso Ps ... on 6 June, 2023
Bench: Vinay Joshi, Valmiki Sa Menezes
44.apl177.2023jud.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO. 177 OF 2023
1. Digambar Shankar Ingale
Aged 75 years, Occ.: Retired
2. Kamal Digambar Ingale
Aged 66 years, Occ.: Retired,
Both R/o. Bhimnagar Bhavsingpura,
Aurangabad, Dist. Aurangabad. ... Applicants
3. Smita Sanjay Gajhans
Aged 42 years, Occ. Housework,
R/o. Cidco Yashoda Colony,
Aurangabad, Dist. Aurangabad.
Versus
1. State of Maharashtra,
Through Police Station Officer,
Police Station, Telhara,
Tq. Telhara, Dist. Akola. ... Non-applicants
2. Sau. Shital Vivek Ingale
Aged 40 years, Occ. Household,
Presently R/o. Gajanan Nagar,
Telhara, Dist. Akola.
Mr. V.B. Bhise, Advocate for applicants.
Mr. S.S. Doifode, APP for non-applicant No.1.
Mr. H.S. Hurduke, Advocate for non-applicant No.2.
CORAM : VINAY JOSHI, AND
VALMIKI SA MENEZES, JJ.
DATE : 06.06.2023.
ORAL JUDGMENT: (PER: Vinay Joshi,J)
. Heard finally by consent of both the learned counsel
for the respective parties.
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(2) This is an application seeking to quash FIR in Crime
No.381/2022 registered with Police Station Telhara, District - Akola,
for the offence punishable under Sections 498-A, 504, 323 read with
Section 34 of the Indian Penal Code.
(3) Applicant No.1 is father-in-law, applicant No.2 is
mother-in-law whilst applicant No.3 is sister-in-law of informant lady.
It is applicants contention that the principal allegations of matrimonial
harassment are against the husband who is not before this Court. It is
submitted that the allegations levelled in the report are omnibus,
vague and of general nature. No specific instances of harassment have
been stated. Moreover, it is argued that as per informants own case,
the couple separated in the year 2014 and till date, they are residing
separately and therefore, there was no occasion for matrimonial
harassment. According to applicants, in order to pressurize the
husband all family members have been falsely implicated, therefore, it
is a case for quashing of the FIR.
(4) The above submissions are countered by Mr. Bhise,
learned counsel, by contending that the FIR makes out a case of
physical as well as mental harassment. The informant was harassed to
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meet unlawful monetary demand. Informant lady was driven out by
the applicants and her husband. According to informant, the parents-
in-law have instigated their son to harass the lady for meeting
unlawful demand. The informants learned counsel would submit that
a specific incident dated 17.06.2022 has been stated wherein the
informant's son was physically assaulted. In short, it is submitted that
the applicants are also involved in the crime along with her husband.
(5) We have considered the rival submissions and
examined the contents of FIR. The marriage took place on 23.11.2003
whilst the report has been lodged after 20 years from the marriage. It
is informants case that since inception she was subjected to
harassment principally at the hands of husband. It is alleged that
husband was liquor addict who used to beat her after consuming
liquor. All the time applicants have instigated husband by taking his
side. It is alleged that the applicant No.3 (sister-in-law) used to visit
their place and was also instigating her brother. The informant stated
that in the year 2014, the couple shifted to village Telhara and stayed
with the parents of informant till the year 2018. Thereafter, the
husband again returned to Aurangabad but never came back. It is
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stated that on 17.06.2022, the informant went to Aurangabad to
resume cohabitation, however, she was abused man handled and sent
back.
(6) On examination of the report, it reveals that the
main allegations are against husband about his habit of consuming
liquor and harassing the lady. Though, the marriage took place in the
year 2003, we do not see any specific instance till the last incident
dated 17.06.2022, when informant's son was physically assaulted. It is
the informant's case itself, that in the year 2014, she started to live at
Telhara, obviously, away from all applicants who are relatives of the
husband. There is no reference regarding role of applicants from the
year 2014 till the incident dated 17.06.2022. Apparently, it reveals
that for the period of nine years no role was assigned to the applicants
connecting to the matrimonial cruelty.
(7) As regards, the last incident dated 17.06.2022, the
applicants would submit that on that day there was quarrel for which
they have also lodged the report, which was registered vide NC
No.818/2022. Thus, the last incident quoted by wife is also under the
shadow of doubt.
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(8) Particularly, the husband who is facing the main
allegations has not applied to this Court. Though, the span of marital
life is of 19 years, nothing specific has been alleged against the present
applicants. More particularly, as per informants own case from the
year 2014 onwards, the applicants were not in picture. In the
circumstances, it would be hazardous to prevail the prosecution
against the relatives of husband who have no role.
(9) We are satisfied about untenability of the
prosecution against the applicants who are relatives of the husband of
the applicants. In the circumstances, the application is allowed. We
hereby quashed and set aside the FIR in Crime No.81/2022 registered
with Police Station Telhara, District - Akola, for the offence punishable
under Sections 498-A, 504, 323 read with Section 34 of the Indian
Penal Code, as regards to the applicants only.
(10) Application stands disposed of in the above terms.
[VALMIKI SA MENEZES, J.] [VINAY JOSHI, J.]
Prity
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