The High Court of Bombay quashed the criminal application proceedings pertaining to accused Janardhan and his wife Sunita Rathod, noting they were living separately and no overt threat was cast upon the complainant.
The impugned proceedings pertaining to applicants/acused nos. 4 and 5 are quashed and set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CR.APL.NO.3407/2013
1
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 3407 OF 2013
1. Janardhan s/o Dhansing Rathod, Age 40 years, Occ. Service as Police Naik, attached to Pishor Police Station, r/o Pishor, Tq. Kannad, District Aurangabad.
2. Sunita w/o Janardhan Rathod, Age 36 years, Occ. Household, r/o Pishor, Tq. Kannad, District Aurangabad.
...PETITIONERS
(Orig.Accused No.5 & 6)
VERSUS
1. The State of Maharashtra.
2. Kavita w/o Bhagirath Pawar, Age 22 years, Occ. Household r/o c/o Amarsing Namdeo Chavan, Sangvi, Taluka Chalisgaon, District Jalgaon.
...RESPONDENTS
(R.No.2 Orig.complainant)
...
Advocate for Applicants : Mr.Ravindra B. Ade
(absent.)
APP for Respondents: Mrs. R.K.Laddha.
Advocate for Respondent No 2: Mr. Patil
Paresh B.
...
CORAM: K.U.CHANDIWAL AND
A.I.S.CHEEMA,JJ. Date:SEPT., 16th 2013
...
CR.APL.NO.3407/2013
2
P.C. :-
1.Heard Mr.Patil, for respondent no.2 wife
extensively.
2.Perused the papers. The applicant
Janardhan and his wife Sunita are residing
seperately. Janardhan is a Police Naik serving at
Pishor Police Station. They had, in fact, no
visible occasion to extend threats to original
complainant Smt. Kavita to ensure releasing
consideration for maintenance of Bhagirath or for his
well being. The allegations are sweeping in its
character, more leaning to implicate other relations
of husband than any prominant role.
3.The impugned proceedings pertaining to
applicants / accused nos. 5 Janardhan s/o Dhansing
Rathod and accused No.4 Sunita w/o Janardhan Rathod
are quashed and set aside.
This Court has not expressed any opinion on the
merits of the case of other relations of Sunita or
relations of husband of Sunita.
Criminal Application allowed in above terms.
agp/3407-13crapl
1 issue framed by the court
Whether to quash the criminal proceedings against applicants Janardhan and Sunita Rathod.
1 provisions across 1 enactments
Janardhan s/o Dhansing Rathod
Sunita w/o Janardhan Rathod
The State of Maharashtra
Kavita w/o Bhagirath Pawar
K.U.CHANDIWAL
A.I.S.CHEEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court