Partly allowed

Ishwar S/O Atmaram Agale and Ors. v. the State of Maharashtra and Ors.

Bombay HC24 Apr 2015APPLN/698/2015

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay quashed criminal proceedings against one applicant (Mira) in a divorce-related cheating case for Section 498-A IPC, finding no basis against her in the FIR, while disposing of the remaining applicants by withdrawal.

What did the court decide?

Proceedings against Applicant No.6 were quashed and set aside; application regarding Applicant Nos. 1 to 5 was disposed of due to withdrawal.

Ishwar S/O Atmaram Agale and Ors. Vs the State of… — Property and Title | Bombay HC (2015)

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APPLN.698.15

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

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APPELLATE SIDE JURISDICTION

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CRIMINAL APPLICATION NO.: 698 OF 2015

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*******

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Ishwar s/o Atmaram Agale, Age: 29 years, Occ. Agri., R/o Akola, Tq. Ambajogai, Dist. Beed.

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Atmaram s/o Mokinda Agale, Age: Major, Occ. Agri., R/o As above. 3. Vijaymala w/o Atmaram Agale, Age: Major, Occ. Household, R/o As above. 4. Dharamraj s/o Atmaram Agale, Age: Major, Occ. Agri., R/o As above. 5. Aruna d/o Atmaram Agale, Age: Major, Occ. Nil, R/o As above. 6. Mira w/o Pramod Gangane, Age: Major, Occ. Agri., R/o Ambajogai, Tq. Ambajogai, Dist. Beed. ... APPLICANTS

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VERSUS

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The State of Maharashtra, Through Murud Police Station, Tq. & Dist. Latur. 2. Pradeep s/o Hanumantrao Kale, Age:- 28 years, Occ. Agri., R/o Borgaon Kale, Tq. & Dist. Latur. ... RESPONDENTS

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APPLN.698.15

Mr. N.L.Dhobale, Advocate for the Applicants. Mr. K.M. Suryawanshi, APP for Respondent No.1 / State. Mr. P.D.Suryawanshi, Advocate for Respondent No.2.

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CORAM:- T. V. NALAWADE & INDIRA K. JAIN, JJ. DATED :- 24^th April, 2015.

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JUDGMENT [PER SMT.I.K.JAIN, J.]:

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Rule. Rule made returnable forthwith. By consent of the parties, the criminal application is heard finally.

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2 Learned APP is also heard.

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3 This application under Section 482 of the Code of Criminal Procedure is for quashing the charge-sheet bearing No.74 of 2014, pending before the learned Judicial Magistrate First Class, Latur, arising out of Crime No.7014 of 2014, registered with Murud Police Station, for the offences punishable under Sections 498-A, 323, 504 read with 34 of the Indian Penal Code.

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4 In brief, the facts giving rise to the present application may be stated as under:

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APPLN.698.15

Respondent No.2 – Pradeep Kale is resident of

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Borgaon (Kale), Taluka and District Latur. His sister – Rekha was married to Applicant No.1 – Ishwar on 24^th April, 2012. After 2-3 months of marriage, she was ill-treated on demand of Rs.5,00,000/- for purchase of a tractor. On 4^th October, 2012, poison was administered to her. She was treated in the hospital and ultimately saved. According to Complainant, Rekha was often beaten with kicks and fists. As there was no improvement in the behavior of husband and in-laws of Rekha, Pradeep had to lodge report with Police Station on 27^th June, 2013. On the basis of report, aforesaid crime came to be registered against the husband, parent in-laws, brother in-law and his wife and sister inlaw.

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5 We have perused FIR and case papers. Statement of Rekha was recorded during investigation on 28^th June, 2014. From her statement and the statements of other witnesses recorded during investigation, it is apparent that there was no specific allegation against Applicant No.6 – Mira, real sister in-law of Rekha. On its face, FIR and the material collected during the investigation do not constitute any offence against Applicant No.6. We are, therefore, of the view that to prevent the abuse of process

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APPLN.698.15

of law, discretion needs to be exercised in respect of Applicant No.6 – Mira.

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6 In this premise, Criminal Application No.698 of 2015, is partly allowed to the extent of Applicant No.6 – Mira Pramod Gangane. Proceedings in Charge-sheet No.74 of 2014, pending before the learned Judicial Magistrate First Class, Latur, arising out of Crime No.7014 of 2014, registered with Murud Police Station, Taluka and District Latur, for the offences punishable under Sections 498-A, 323, 504 read with 34 of the Indian Penal Code, are hereby quashed and set aside.

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7 Learned counsel for Applicant Nos.1 to 5 submitted, on instructions, that he wants to withdraw the application for Applicant Nos.1 to 5. Being withdrawn, Criminal Application in respect of Applicant Nos.1 to 5 stands disposed of.

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8 Rule is made partly absolute in aforesaid terms.

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[ INDIRA K. JAIN, J. ] [T. V. NALAWADE, J.]

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ndm

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Ishwar S/O Atmaram Agale and Ors. v. the State of Maharashtra and Ors.

Case brief

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Ishwar S/O Atmaram Agale and Ors. v. the State of Maharashtra and Ors.

Case brief

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What did the court decide?

What the court decided

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