Vishwas Mangu Chavhan And 2 Others v. The State Of Maharashtra Thr. Pso Ps Patur Tah. Patur Dist.Akola And Another
2024:BHC-NAG:8212-DB 1/5
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.383 OF 1.
Vishwas Mangu Chavhan, aged about 57 years, Occupation Labour.
2.
Anita Vishwas Chavhan, Aged about 53 years, Occupation_Service, Both r/o Banjara Nagar, Patur, Tah.Patur, District,Akola.
3.
Pooja Amol Jadhav, Aged about 28 years, Occupation -Housewife r/o Zharandi, Tah. Patur, district, Akola.
Applicants.
-Versus1.
State of Maharashtra, through its Police Station Officer, Police Station Patur, Tah. Patur, District, Akola.
2.
Kajal Gaurao Chavhan, Aged about 24 years, Occupation Housewife, R/o.C/o.Babybai Bhikan Ade, Banjara Nagar, Patur, Tah.Patur, District Akola.
Nonapplicants.
--------------------------------------------------------------------------------------- Mr.A.M.Tirukh, Adv. for the applicants.
Mr.A.R.Chutke, APP for non-applicant State.
Mr. Rohan Kothari Adv. for non applicant No.2.. -------------------------------------------------------------------------------------- CORAM : VIBHA KANKANWADI AND MRS.VRUSHALI V. JOSHI, JJ.
DATE: 25/07/2024 ORAL JUDGMENT (Per : Vrushali V.Joshi, J.) 1) Heard. Admit, The Criminal Application is heard finally
2/5 with the consent of the learned counsel for the parties. 2) By this present Criminal Application, the applicants are seeking to quash and set aside the First Information Report bearing Crime No.563 of 2023 for the offences punishable under Section 498A, 323 and 504 r/w 34 of the Indian Penal Code. 3) The applicants are in-laws of the first informant i.e. the nonapplicant No.2. The applicant no.1 is the father-in-law and 2 is the mother-in-law and applicant no.3 is sister-in-law. The marriage of the non-applicant No.2 with accused No.1 was performed on 09.07.2023. The applicant and the non-applicant No.2 are staying adjacent to each other. They were knowing each other and it was a love marriage. According to the non-applicant No.2, after the marriage, immediately, on the second date i.e.
on 10th her husband went to Nagpur for office work and thereafter, when she tried to call him, he did not respond her calls. During that period she was staying with her in-laws and it is alleged that these applicants tortured her for demand of more dowry. Even before the engagement they have given 7 lakh rupees to the applicants for the job of accused no.1 but immediately after the marriage, the husband of non applicant no.
3/5 thereafter, he left the house. All these applicants also tortured her for demand of rupees 5 lakh and they drove her out of house and therefore, since 13.07.2023, she is staying with her parents. Thereafter, she has lodged the complaint and the crime is registered. 4) The counsel for the applicant has stated that husband of nonapplicant No.2 went to Nagpur to make arrangement for residence of both of them. The non-applicant No.1 left the house and she went to her parents house. Thereafter the meeting was called. As per their customs, the customary divorce was taken and it was decided before the panch that the regular divorce petition will be filed after some time. At that time, 5 lakh rupees were given to the non applicant No.2 and the customary divorce took place. Thereafter, she has lodged the complaint and the crime is registered.
No prima facie case, is made out against any of the applicants hence, prayed to allow the application. 5) The non-applicant no.1 has filed reply and reiterated the contents in the First Information Report stating that there was demand of rupees five lakh and for fulfillment of said demand, these applicants harassed her. Therefore, this is not the fit case to quash the First Information Report.
4/5 the innocence before the trial court. Hence prayed to reject the application.
6) Heard both the learned counsel appearing for the parties. 7) The applicants and the non-applicant No.2 are staying adjacent to each other. The marriage was performed on 09.07.2023 and immediately after 3-4 days, she has left the house. It was love marriage. There might be dispute between the husband and wife and immediately on the next date of the marriage, the husband left the house and for three days the non-applicant No.2 stayed with these applicants. Earlier applications are also seem to be filed by Non applicant No.2 where she has stated different story. Considering the span of her stay with these applicants and acquaintance with the family, the allegations made by her are not trustworthy.
8) Considering the allegations in First Information Report, no offence is made out against all these applicants. Considering the span, she stayed with these applicants and as she was aware about the family and family members, she has performed marriage and immediately,
5/5 within four days she has made such allegations , prima facie, no offence is made out against these applicants. Hence, the criminal application is allowed.
9) In view of above, the First Information Report bearing Crime No.563 of 2023 for the offences punishable under Sections 498-A, 323 and 504 r/w 34 of the Indian Penal Code, registered with Police Station Patur, district Akola, is hereby quashed and set aside against the present applicants.
10) Criminal application stands disposed of.
(MRS.VRUSHALI V. JOSHI, J.) (VIBHA KANKANWADI, J.) Signed by: Kavita P Tayade Designation: PA To Honourable Judge Date: 01/08/2024 10:34:06