Bombay High Court
Saurabh S/O Ramkisan Dhangar (Brother ... vs The State Of Mah. Thr. Pso Washim ... on 21 October, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:12014-DB
Judgment apl1664.23
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION [APL] No. 1664/2023.
Saurabh s/o Ramkisan Dhangar,
Aged 21 years, Occupation - Student,
resident of Falegaon [Kandi], Tahsil Wahim.
District Washim [Brother in law of
Respondent No.2] ... APPLICANT.
VERSUS
1.The State of Maharashtra,
through Police Station Officer,
Washim, District Washim.
2.Sau.Rekha Sachin Dhangar,
resident of Khadki [Ijara], Post
Pandhari [Navghare], Tahsil Malegaon,
District Washim. ... NON-APPLICANTS.
---------------------------------
Mr. S.S. Deshpande, Advocate for the Applicant.
Mr. A. Badar, A.P.P. for Non-applicant No.1-State.
Mr. S. Singha, Advocate [Appointed] for Non-applicant No.2.
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Rgd.
Judgment apl1664.23
2
CORAM : VINAY JOSHI AND
ABHAY J. MANTRI, JJ.
DATE : OCTOBER 21, 2024.
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard. Admit.
By consent of the learned Counsel appearing for the
parties, the matter is taken up for final disposal.
2. By this application, applicant is seeking to quash the
criminal prosecution bearing R.C.C.No.42/2023 pending on the file
of the Chief Judicial Magistrate, Washim arising out of first
information report bearing Crime No.776/2022 registered with
Washim Police Station, for the offence punishable under Sections
498-A, 494, 504, 506 read with Section 34 of the Indian Penal Code.
3. The applicant is brother-in-law of the informant - lady. It
is informant's case that she got acquainted with applicant's brother
namely Sachin, through social media. Both of them got married in
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Judgment apl1664.23
Mumbai on 21.02.2022. After 15 days of the marriage, the informant
learn that within two days of the marriage, brother of applicant has
performed second marriage with another lady namely Rani [accused
no.2], at his native place. The informant has conveyed the things to
her parents-in-law, as well as present applicant, but, they neglected
and abused her, therefore, the report.
4. At the inception, we may note that this application is
restricted to the role of the applicant, who is brother-in-law of the
informant. The entire allegation of fraudulently performing second
marriage by concealing first marriage are against her husband, who is
brother of the applicant and is not before us. We have gone through
the written report, as well as statements recorded by the police. In her
statement, the informant has stated about the act of her husband of
performing remarriage with another lady by deceitful means. The
entire report no where suggests any active role of the applicant. There
is no statement to convey that the applicant was aware that his brother
has entered into first marriage on 21.02.2022. There are no
allegations that the applicant was present at the time of first marriage
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Judgment apl1664.23
of the informant and her husband. At the end of the statement, vague
allegation has been made that the applicant has harassed her.
However, there is no material to substantiate said contention.
5. Taking the prosecution as it stand, it does not disclose
essential ingredients to constitute a cognizable offence. The present
case falls in category Nos. 1 and 3 as spelt out by the judgment of
Supreme Court in case of State of Haryana .vrs. Ch. Bhajanlal and
others - AIR 1992 SC 604. In view of above, we find that
continuation of criminal prosecution would be an abuse of the process
of Court. In view of that we are inclined to exercise our inherent
powers and pass the following order.
ORDER
(i) Criminal Application is allowed and disposed of.
(ii) The Criminal prosecution bearing R.C.C.No.42/2023
pending on the file of the Chief Judicial Magistrate,
Washim arising out of first information report bearing
Crime No.776/2022 registered with Washim Police
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Judgment apl1664.23
Station, for the offence punishable under Sections
498-A, 494, 504, 506 read with Section 34 of the
Indian Penal Code is hereby quashed and set aside, so
far as the applicant -Saurabh Ramkisan Dhangar is
concerned.
(iii) Fees of the appointed Counsel for non-applicant no.2
be determined as per Rules.
JUDGE JUDGE
Rgd.
Signed by: R.G. Dhuriya (RGD)
Designation: PS To Honourable Judge
Date: 24/10/2024 10:36:50
