Allowed

Sanjay S/O Bhimrao Tathe and Others v. the State of Maharashtra and Anr.

Bombay HC6 Jan 2017APPLN/5005/2016

Case brief

AI extract

What is this about?

Criminal Application filed to quash an FIR under Sections 498-A, 323, 504, 506 IPC. The High Court allowed the application, observing allegations were vague and lacked specific overt acts, fitting Supreme Court categories for quashing.

What did the court decide?

Criminal Application allowed; FIR quashed to the extent of the applicants; Rule made absolute.

Sanjay S/O Bhimrao Tathe and Others Vs the State of… — Quashing and FIR | Bombay HC (2017)

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5005.16appln

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 5005 OF 2016

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1. Sanjay S/o Bhimrao Tathe Age : 44 years, Occ : Govt. Service,

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2. Meera W/o Sanjay Tathe Age : 34 years, Occ : Pvt. Service,

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Both R/o Bhanudas Nagar,
Behind Big Bazar Building,
Aurangabad.

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3. Prakash S/o Rambhau Bandre Age : 34 years, Occ : Govt. Service,

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4. Hira @ Tejaswini W/o Prakash Bandre Age : 30 years, Occ : Household,

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Both R/o Near Chate School,
Beed, Bye-pass, Aurangabad.

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..APPLICANTS

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-VERSUS-

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1. The State of Maharashtra

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2. Sneha W/o Anil Harkal Patil Age : 27 years, Occ : Household, R/o C/o : Tukaram Panditrao Dandage Plot No.F-70, Near Kilbil Balak Mandir, N-4, CIDCO, Aurangabad.

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..RESPONDENTS

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...

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Advocate for Applicants : Mr. S.S. Panale
APP for Respondent/State : Mr. M.M. Nerlikar
Advocate for respondent no.2: Mr. M.D. Gitte

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...

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5005.16appln

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CORAM : S.S. SHINDE & K.K. SONAWANE, JJ. Dated: January 06, 2017

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ORAL JUDGMENT (PER S.S. SHINDE, J) :-

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Rule. Rule made returnable forthwith
and heard finally with the consent of the
parties.

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2.This application is filed praying
therein for quashing and setting aside the
F.I.R. bearing C.R. No.652/2016 registered
with Mukundwadi Police Station, Aurangabad
for offences punishable under Sections 498-A,
323, 504, 506 r/w 34 of the Indian Penal Code
to the extent of the applicants.

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3.The learned counsel appearing for
the applicants invites our attention to the
contents of the F.I.R. and submits that,
there are omnibus allegations against the
applicants. There are no specific allegations
with specific dates, and therefore, the
F.I.R. deserves to be quashed, by keeping in
view the parameters laid down by the Hon'ble
Apex Court in the case of State of Haryana
V/s Bhajanlal1. He further submits that

1 AIR 1992 SC 604

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applicant no.1 is the husband of applicant
no.2. Applicant no.2 is married sister of
Anil, who is husband of complainant. Her
marriage was solemnized in the year 2002 with
applicant no.1. They are residing at
Aurangabad. Applicant no.1 is serving at
Jalna in Postal Department. He further
submits that applicant no.4 is the sister of
Anil and applicant no.3 is the husband of
applicant no.4. The marriage of applicant
no.4 was solemnized with applicant no.3 in
the year 2007. They are residing at
Aurangabad. Earlier one year back, applicant
no.3 was serving at Daund, Pune in Police
Department. The applicants had no occasion to
visit the matrimonial home frequently. They
are busy in their work. It is submitted that,
if the allegations in the F.I.R. are taken at
its face value and considered in its
entirety, ingredients of the alleged offences
are not attracted, and therefore, the F.I.R.
deserves to be quashed.

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4.On the other hand, the learned
A.P.P. appearing for the Respondent/State and
the learned counsel appearing for Respondent
No.2 invited our attention to the specific
allegations in the F.I.R. against the

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applicantsandsubmitsthat,those
allegations will have to be tested during the
trial, and even it is not permissible for
this Court to entertain the application and
consider allegations in a summary manner.
Therefore, they jointly submit that, the
application may be rejected.

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5.We have heard the learned counsel
appearing for the applicants, the learned
A.P.P. appearing for the Respondent/State and
the learned counsel appearing for Respondent
No.2 at length. With their able assistance,
we have perused the averments in the
application, annexures thereto, contents of
the F.I.R. and also the statements of the
witnesses recorded by the Investigating
Officer during the course of investigation.

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6.The allegations relating to the
applicants in the F.I.R. are as under :-

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ß1½ ----ukes lqjHkh fgP;k [kkR;krqu nksu yk[k :i;s ekÖ;k [kkR;kr Vkdys o lnjhy jDde gh ekÖ;k irhus ek>s , Vh ,e }kjs

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5005.16appln

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dk<qu lkljP;k yksdkauh dk<qu ?ksryh o eh vkSjaxkckn ;sFks ,d= dqVqac jkg.;klkBh xsys R;kuarj eh ekgsjh lklq] lkljk o uaun ;kauh rq fnlk;yk dkGh vkgs- vkeP;k ?kjkr 'kksHkr ukgh- vls Eg.kqu eyk viekudkjd cksYk.;kl lq:okr dsyh-

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2½ ----ek>s lklq lkljs uank o uaUnps irh ek>k irhyk ,dkps nksu lkaxqu ek>k foÔ;h R;kaP;k eukr }sÔ Hkkouk fuekZ.k djhr gksrs

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ek>s irh gs ekÖ;k lkljP;k yksdkaps ,sdqu eyk

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ekjgku d:u o f'kohxkG d:u ek>s ofMykdMqu iq.ks ;sFks 50 rs 60 yk[k :i;s n;kosr Eg.kqu eyk ek>s irh] ek>k uank o uankups irh lklq lkljs gh gs loZ t.k ekx.kh djhr gksrs-

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3½ ----;k loZ ckchalkBh 1½ vfuy lkgscjko

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gjdG ikfVy ¼uojk½ jk- jkeuxj flzMdks ,u&2 vkSjaxkckn 2½ lkgscjko fHkolu gjdG ¼lkljs½

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3½ deykckbZ lkgscjko gjdG ¼lklq½] 4½

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lqfuy lkgscjko gjdG ¼eksBk Hkk;k½ 5½ HkkX;Jh lqfuy gjdG ¼tkm½ 6½ fejk lat;

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rkBs ¼uaun½ jk- Hkkuqnkluxj vkSjaxkckn] 7½

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lat; rkBs ¼uanbZ½ jk- lnj] 8½ rstLohuh ÅQZ fgjk izdk'k ckanzs ¼uaun½ jk- pkVs Ldqy fcMck;ikl vkSjaxkckn 9½ izdk'k ckanzs ¼uanbZ½ jklnj bR;knh eaMGh g;k dkj.khHkqr vkgs o

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ekÖ;k uansps irh Eg.krkr dh vkEgh loZ dzkbZe ckzap e/kqu rqÖ;k o rqÖ;k ekgsjP;k yksdku fo:n/k osx osxG;k [kksV;k rdzkjh nk[ky d:

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o rqyk =kl nsm vkEgh dksUgkykgh ?kkcjr ukgh v'kk izdkjP;k /keD;k nsr vkgsr rjh ;k loZ

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t.kku fo:n/k xqUgk uksan d:u dMd dk;nsf'kj dk;Zokgh djkoh o eyk lqjf{kr tx.;kph la/kh

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n;koh o laj{k.k n;kos o eyk U;k; feGkok

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ek>k ofjy tckc gk ek>s lkax.;kizek.ks fyghyk vlqu eh okpqu ikfgyk o cjkscj o [kjk vkgs-Þ

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7. Upon careful perusal of the

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allegations in the F.I.R. and also the
statements of the witnesses, no specific date
is mentioned, no specific instances are
quoted or specific overt acts are attributed
qua the applicants. Admittedly, the

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applicants are residing at Aurangabad.
Respondent No.2 has not placed anything on
record to counter the contentions of
applicant nos.1 and 3 that, they are serving
at Jalna and Aurangabad respectively at
present.

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8.The Supreme Court in the case of
State of Haryana V/s Bhajanlal (supra), while
considering the case for quashment of the
F.I.R./charge-sheet, has laid down the
following categories :-

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1. Whether the allegations made in the F.I.R. or the complaint even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused;

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2. Where the allegations in the First Information Report and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code, except under an order of

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Magistrate within the purview of Section
155(2) of the Code;

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3. Where the uncontroverted allegations made in the F.I.R. or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the applicant;

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4. Where the allegations in the F.I.R. do not constitute a cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code;

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5. Where the allegations made in the F.I.R. or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused;

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6. Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act, (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provisions in the Code of the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

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7. Where a criminal proceeding is manifestly attended with malafide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

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9.As already observed, an allegations
against the applicants are omnibus and
without attributing any overt acts qua each
of the applicants. The case of applicants is
covered under category Nos.1, 3 and 5.

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10.In that view of the matter, the
application is allowed in terms of prayer
clause `B' and the same stands disposed of.
Rule made absolute accordingly. However, we
make it clear that, the order passed today is
confined only to the present applicants and
the Investigating Officer is free to proceed
further against the husband and the other
accused, if any.

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( K.K. SONAWANE, J. ) ( S.S. SHINDE, J. )

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SGA

Sanjay S/O Bhimrao Tathe and Others v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Sanjay S/O Bhimrao Tathe and Others v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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