Bombay High Court

Limbraj Ram Rathod And Others vs The State Of Maharashtra And Another on 7 May, 2025

Author: Vibha Kankanwadi

Bench: Vibha Kankanwadi

2025:BHC-AUG:13443-DB


                                                           1       Criminal Application 955 of 2024.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                   BENCH AT AURANGABAD.

                           CRIMINAL APPLICATION NO. 955 OF 2024

              1.    Limbraj s/o Ram Rathod
                    Age: 76 years, Occupation: Farmer,
                    Residing At: Devtala, Hasaigan,
                    Ausa, Latur.

              2.    Shalubai s/o Limbraj Rathod
                    Age: 74 years, Occupation : Housewife,
                    Residing At: Devtala, Hasaigan,
                    Ausa, Latur.

              3.    Ankush s/o Limbraj Rathod
                    Age: 33 years, Occupation: Farmer,
                    Residing At: Devtala, Hasaigan,
                    Ausa, Latur.

              4.    Lahukumar s/o Limbraj Rathod
                    Age: 35 years; Occupation: Police Service
                    Residing At: Flat No. 144, 14th Floor,
                    Building A, Amantra Housing Complex,
                    Bhiwandi, Ranjnoli, Thane - 421 302.         ... Applicants

                    Versus


              1.    The State of Maharashtra,
                    Through Officer In Charge,
                    Bhada Police Station, Latur
                    District - Latur, Maharashtra.

              2.    Pooja @ Priyanka W/o Prashant Rathod
                    Age: 20 years; Occupation: Housewife
                    R/o: At: Ekambi Tanda. Tal. Ausa.
                    Dist. Latur.                                 ... Respondents
                                                     ...
              Mr. Shritej Surve, Advocate for Applicants.
              Mr. G. A. Kulkarni, APP for Respondent No.1 / State.
              Mr. Hrishikesh V. Tungar, Advocate for Respondent No.2.
                                                    ...
                                      2              Criminal Application 955 of 2024.odt


                          CORAM      :     SMT. VIBHA KANKANWADI &
                                           SANJAY A. DESHMUKH, JJ.
                    RESERVED ON :          25th April, 2025.

                    PRONOUNCED ON :        07th May, 2025.


J U D G M E N T :

(Per Sanjay A. Deshmukh, J.)

1 Rule. Rule made returnable forthwith. With the consent

of the learned Advocates appearing for the parties, heard finally at

the stage of admission.

2 This application is filed under Section 482 of the Code of

Criminal Procedure, 1973 (for short "the Cr.P.C.") for quashing of the

FIR (for short the "report) bearing Crime No.220 of 2023, dated 13th

October, 2023, registered with Bhada Police Station, District Latur, for

the offences punishable under Sections 498-A, 377, 313, 323, 504 and

506 read with 34 of the Indian Penal Code, 1860, as well as the

consequential charge-sheet and proceedings in Regular Criminal Case

No.712 of 2023, pending in the Court of learned Judicial Magistrate

First Class, Ausa, District Latur.

3 Applicant Nos.1 and 2 are the parents-in-law and applicant

Nos.3 and 4 are the brothers-in-law of the informant / respondent No.2.

4 The respondent No.2 / informant averred in the report that 3 Criminal Application 955 of 2024.odt

she married with the son of applicant Nos.1 and 2 on 6 th February,

2022. In her marriage, her parents spent approximately Rs.15,00,000/-

on the marriage, which included Rs.5,50,000/- as dowry, Rs.80,000/- in

cash for other ceremony-related expenses, 11.5 tolas gold ornaments,

and household articles worth Rs.3,00,000/-.

5 The informant further averred that after the marriage, the

informant started to reside at her matrimonial home in the village

Devtala for about a month. Initially, for 2 - 3 days, she was treated

well. However, thereafter, on this or that count, the applicants and her

husband used to beat her, keep her on starvation, use obscene

language, and continuously harass her on the ground that her parents

did not pay sufficient dowry. They continuously demanded

Rs.10,00,000/- to her.

6 The informant further averred that she did not reveal those

facts to anyone initially and silently bore the ill-treatment, as her father

had taken a loan from private money lender to arrange her marriage.

During this time, the informant became pregnant. Despite knowing

this, all the accused harassed the informant continuously. On the

instigation of the applicants, her husband demanded money and

kicked on her stomach, resulting in a miscarriage in the second month

of pregnancy. When the informant informed her parents about the

incident, she was admitted to G.G. Birajdar Memorial Hospital, Latur, 4 Criminal Application 955 of 2024.odt

on 3rd June, 2022 for treatment. Thereafter, her parents and relatives

tried to convince the applicants and husband of informant and sent her

back to her husband at Bhayander Pada, Mumbai. For some time, she

was treated well. Thereafter, he used to return home under the

influence of liquor and beat her on trivial matters. He again demanded

Rs.10,00,000/- from her, threatening that unless the money was paid

by her parents, she would not be allowed to live peacefully. Her

husband was committing unnatural sexual intercourse with her. When

she resisted, he beat her and continued such sexual abuse. Despite

this, the informant continued to stay silently at her matrimonial home

without informing those cruelties to her parents.

7 The informant further averred that later, she came to know

that her husband had illicit relations with a female police officer. When

she questioned him, he beat her mercilessly and said he would

continue the affair. Eventually, due to a dispute between her husband

and the said woman, the woman filed a criminal complaint against her

husband. Thereafter, informant and her husband moved back to

Devtala. During this period, she again became pregnant. However,

once again, her husband and the applicants demanded Rs.10,00,000/-

for purchasing a flat and beat her while she was three months

pregnant, causing a second miscarriage. She was treated at Karmudi

Hospital, Ausa on 29th September, 2022. Thereafter, her parents again 5 Criminal Application 955 of 2024.odt

sent her back to her husband's house. For some days, she was treated

well. Thereafter, under the influence of liquor, her husband beat her on

petty reasons. He continued to have unnatural intercourse with her

against her will.

8 The informant further averred that on 12 th October, 2022,

all the accused assaulted her again on a petty issue and threatened to

kill her. She filed a complaint at Killari Police Station, where an NC

bearing No.567 of 2022 was registered. Later, while she was staying

at her maternal home at Ekambi Tanda, her husband came there and

promised not to trouble her anymore. He took her back to Devtala and

later to Bhayander Pada, Mumbai. She was treated well for 1 and ½ -

2 months. Thereafter, on the instigation of applicants, her husband

once again demanded Rs.10,00,000/- and beat her. During her third

pregnancy, despite her husband being aware of her condition, her

husband demanded that amount and kicked on her stomach, which

again resulted in severe pain and medical complications. She called

her parents, who took her to Parvati Hospital, Osmanabad, for

treatment on 29th March, 2023. She stayed at her maternal home for

two months undergoing treatment.

9 The informant further averred that thereafter, her husband

made phone calls to her and assured her that he would not harass her

anymore. On this promise, her parents sent her back to live with him 6 Criminal Application 955 of 2024.odt

at Kasarvadavali, Mumbai. Initially, her husband treated her well for

about fifteen days, but thereafter, by demanding money, he beat her,

continued extra-marital affairs, and fell into addiction to drugs such as

Charas, Ganja and Drugs (M.D.). He started staying at dance bars all

night and returning in the morning. When the informant questioned

him, he used to say, "I will continue going to bars and consuming

drugs. Do what you want." He took away all her gold jewelry and

continued his illicit relationship.

10 The informant further averred that on 24th August, 2023, at

night, her husband again demanded Rs.10,00,000/- and on the

instigation of the applicants, he beat her severely and threatened to kill

her. The informant told that fact to her parents. Upon that, on 26 th

August, 2023, her brother came and took her to her maternal home.

On 1st September, 2023, she made a written complaint against her

husband and the applicants at the Women's Counseling Centre, Police

Station Ausa. On 04th October, 2023, all parties were summoned. After

counseling, she returned to her maternal home. However, on the

same evening, around 8:00 p.m., her husband and applicant Nos.1 to

3 came to her maternal home at Ekambi Tanda. They entered the

house and assaulted her, asking why she had filed a complaint. They

threatened her parents and stated that unless Rs.10,00,000/- was

paid, they would not take the informant back and allow her to cohabit 7 Criminal Application 955 of 2024.odt

with her husband. Thereafter, she lodged the report.

11 The learned counsel for the applicants submitted that the

applicants are falsely implicated in the crime due to matrimonial

discord between the informant and her husband. He submitted that

general and vague allegations are made against the applicants. They

are implicated in the crime with an ulterior motive to harass the

applicants, who are the relatives of the husband. If the applicants are

compelled to face the trial, they will certainly suffer. He lastly prayed to

allow the application to prevent the abuse of the process of Court in

the interest of justice.

12 The learned APP for the State strongly opposed the

application and submitted that the applicants are involved in the

serious crime. They have demanded Rs.10,00,000/- for purchasing a

flat. Their names are mentioned in the report. They treated the

informant with cruelty. The provisions under Section 482 of the Cr.P.C.

cannot be exercised in their favour. He lastly prayed to reject the

application.

13 The learned counsel for the informant / respondent No.2

also strongly opposed the application. He submitted that the names of

the applicants are mentioned in the report with their specific roles.

8 Criminal Application 955 of 2024.odt

They are involved in serious crime causing cruelty. They have

committed anti-social crime. There is strong evidence against the

applicants. He lastly prayed to reject the application.

14 Here, it is relevant to refer to the decision of the

Honourable Supreme Court in Mohammad Wajid and Another Vs.

State of U.P. and Another, reported in, 2023 SCC Online SC 951;

2023 INSC 683, whereunder the Honourable Supreme Court held

thus:-

"34. ....... it will not be just enough for the Court to look into the averments made in the FIR/complaint alone for the purpose of ascertaining whether the necessary ingredients to constitute the alleged offence are disclosed or not. In frivolous or vexatious proceedings, the Court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection try to read in between the lines. The Court while exercising its jurisdiction under Section 482 of the CrPC or Article 226 of the Constitution need not restrict itself only to the stage of a case but is empowered to take into account the overall circumstances leading to the initiation/registration of the case as well as the materials collected in the course of investigation...."

15 A reference also can be made to the judgment in the case

of CBI Vs. Aryan Singh, reported in, 2023 SCC Online SC 379, in 9 Criminal Application 955 of 2024.odt

which the Honourable Supreme Court held as under:-

"Para 10... As per the cardinal principle of law, at the stage of discharge and/or quashing of the criminal proceedings, while exercising the powers under Section 482 Cr. P.C., the Court is not required to conduct the mini trial."

16 We have perused charge-sheet, particularly, the report

and the statements of witnesses. The witnesses have mostly stated

the facts stated by the informant in her report. The husband of

informant is serving in the police department at Mumbai. Applicant

No.3 is residing at Devtala, Hasaigan, Ausa, Latur and applicant No.4

is residing at Bhiwandi, Ranjnoli, Thane. All the allegations about the

incidents those took place in Mumbai are made against her husband.

The allegations of causing serious cruelty to the informant are made,

against the husband of informant. Her husband is not a party to this

application. The informant was residing with her husband at different

places. Though there are allegations of demand on the part of the

applicants, no specific incident is stated as to when they gathered

together and demanded Rs.10,00,000/- to the informant for purchasing

a flat. Vague and general allegations are made against the applicants.

If all these aspects are considered together, then certainly the

essential ingredients of Sections 498-A, 323, 504 and 506 of the IPC

are not establishing against the applicants.

10 Criminal Application 955 of 2024.odt

17 Considering all the material facts and circumstances of the

case and law laid down in the above authorities, we are of the view

that it would be an abuse of the process of Court if the applicants are

directed to face the trial. Therefore, we are inclined to allow the

application by exercising our inherent powers under Section 482 of the

Cr.P.C. in the interest of justice to prevent the abuse of the process of

Court. The application deserves to be allowed. Hence, the following

order:-

ORDER

I. The application is allowed.

II. Crime No.220 of 2023, dated 13th October, 2023, registered with Bhada Police Station, District Latur, for the offences punishable under Sections 498-A, 377, 313, 323, 504 and 506 read with 34 of the Indian Penal Code, 1860, as well as the consequential charge-sheet and proceedings in Regular Criminal Case No.712 of 2023, pending in the Court of learned Judicial Magistrate First Class, Ausa, District Latur, stands quashed as against all the applicants.