Pratibha Ravindra Raut And ORS v. The State Of Maharashtra

Osk 22-Apl-738-2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 738 OF 2016 Pratibha Ravindra Raut & Ors.

... Applicants V/s.

The State of Maharashtra ... Respondent Ms.Vilasini Balsubramanium i/b. Mr. Jaydeep D. Mane for Applicants. Mr.S.S. Hulke, A.P.P. for Respondent-State.

CORAM : A. S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 13th June 2023.

P.C. :

1.

By the present Application, the Applicants have prayed for quashing of CR No.0252 of 2016 dated 7th April 2016 registered with Mohol Police Station, District Solapur (Rural).

2.

Heard learned counsel for Applicants and learned A.P.P. for Respondent-State. Perused papers produced before us. 3.

Applicants are sister-in-law, her husband and father-in-law and mother-in-law of first informant. The first informant has alleged that, after her marriage, she realized that her husband is impotent and therefore she went to her parents house. When the informant apprised her about the said fact to Applicant No.1, she told her not to defame her brother and questioned why she is defaming her brother. The allegations against Applicant Nos.2 to 4 1/2

Osk 22-Apl-738-2016.odt are that, they demanded money from the informant for medical treatment of her husband. They also told her that, if her physical needs are to be satisfied, then she could keep illicit relations with her brother-in-law, namely, Prashant.

4.

Perusal of F.I.R. clearly indicates that, all the accused meted out cruelty to informant and also demanded money from her, under the pretext of administering medical treatment to the husband of informant. 5.

Prima-facie there is sufficient material to indicate complicity of the Applicants in the present crime, wherein Section 498A of I.P.C. has been applied.

6.

After perusing the F.I.R. prima-facie we are of the view that, no case for quashing of F.I.R. is made out.

7.

Application is being dehors of merits, is accordingly dismissed. [ SHIVKUMAR DIGE, J. ] [ A.S. GADKARI, J. ] 2/2