Dismissed

Nisha Dilip Dhomane v. State of Mah. Thr. Pso, Nandgaonpeth Police Station, Amravati and Another.

Bombay HC3 May 2024APL/195/2023

Case brief

AI extract

What is this about?

Applications by four family members of the husband to quash a charge sheet in a matrimonial cruelty and dowry case. Relying on the informant's consistent statements and whatsapp messages showing repeated demands and harassment, the court found a triable prima facie case and rejected the applications.

What the court decided

AI extract

Nisha Dilip Dhomane Vs State of Mah. Thr. Pso, Nandgaonpeth… — Dowry and Cruelty | Bombay HC (2024)

¶1

¶2

2024:BHC-NAG:5440-DB

¶3

Judgment

¶4

apl142.23

¶5

IN THE HIGH COURT OF JUDICATURE AT BOMBAY : NAGPUR BENCH : NAGPUR.

¶6

CRIMINAL APPLICATION [APL] NOs. 142, 194, 195 & 196 OF 2023.

¶7

CRIMINAL APPLICATION [APL] NO. 142/2023.

¶8

Chetan Dilip Dhomane, Aged 26 years, Occupation – Student, resident of House No.194, Khari Ward, Bhopal Road, Village Pandhurna, District Chindwara (Madhya Pradesh). ... APPLICANT.

¶9

VERSUS

¶10

1.State of Maharashtra, Through the Police Station Officer, Nandgaonpeth Police Station, Amravati.

¶11

2.Vaishnavi w/o Manish Dhomane, Aged 27 years,Occupation – Housewife, resident of House No.10, Datta wadi, Wardhekar Layout, Shegaon Rahatgaon Road, Tq. and District Amravati, Maharashtra. ... NON-APPLICANTS.

WITH

Rgd.

Judgment

apl142.23

CRIMINAL APPLICATION [APL] NO. 194/2023.

¶18

Varsha Dilip Dhomane, Aged 53 years, Occupation – Housewife, resident of House No.194, Khari Ward, Bhopal Road, Village Pandhurna, District Chindwara (Madhya Pradesh). ... APPLICANT. VERSUS 1.State of Maharashtra, Through the Police Station Officer, Nandgaonpeth Police Station, Amravati. 2.Vaishnavi w/o Manish Dhomane, Aged 27 years,Occupation – Housewife, resident of House No.10, Datta wadi, Wardhekar Layout, Shegaon Rahatgaon Road, Tq. and District Amravati, Maharashtra. ... NON-APPLICANTS. WITH CRIMINAL APPLICATION [APL] NO. 195/2023. Nisha Dilip Dhomane, Aged 30 years, Occupation – Student, resident of House No.194, Khari Ward, Bhopal Road, Village Pandhurna, District Chindwara (Madhya Pradesh). ... APPLICANT.

¶19

VERSUS

¶20

Rgd.

¶21

Judgment apl142.23 3 1.State of Maharashtra, Through the Police Station Officer, Nandgaonpeth Police Station, Amravati. 2.Vaishnavi w/o Manish Dhomane, Aged 27 years,Occupation – Housewife, resident of House No.10, Datta wadi, Wardhekar Layout, Shegaon Rahatgaon Road, Tq. and District Amravati, Maharashtra. ... NON-APPLICANTS. WITH CRIMINAL APPLICATION [APL] NO. 196/2023. Dilip Mahadeorao Dhomane, Aged 61 years, Occupation – Service, resident of House No.194, Khari Ward, Bhopal Road, Village Pandhurna, District Chindwara (Madhya Pradesh). ... APPLICANT. VERSUS 1.State of Maharashtra, Through the Police Station Officer, Nandgaonpeth Police Station, Amravati. 2.Vaishnavi w/o Manish Dhomane, Aged 27 years,Occupation – Housewife, resident of House No.10, Datta wadi, Wardhekar Layout, Shegaon Rahatgaon Road, Tq. and District Amravati, Maharashtra. ... NON-APPLICANTS.

¶22

apl142.23

Rgd.

Judgment

apl142.23

Mr.A.S. Mardikar, Senior Advocate with Mr. S. Katkar,

¶28

Advocate for Applicants. Mr. S.B. Bissa, A.P.P. for Non-applicant No.1. Mr. S.V. Sirpurkar, Advocate for Non-applicant No.2.

¶29

CORAM : VINAY JOSHI AND VRUSHALI V. JOSHI, JJ. DATE : MAY 03, 2024.

¶30

ORAL JUDGMENT (PER VINAY JOSHI, J.) :

¶31

Heard.

¶32

These applications under Section 482 of the Code of Criminal Procedure, seek similar relief of quashing of the charge sheet No.91/2022 arising out of first information report bearing Crime No.69/2022 registered with Nandgaon Peth Police Station, District Amravati for the offence punishable under Sections 498-A, 354-A, 313, 506[2], 504 read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. Considering the contentions canvassed and similar issue involved in

Rgd.

Judgment

apl142.23

all these applications, they are taken up together for disposal by passing common order.

¶38

Admit.

¶39

At the instance of a report lodged by non-applicant no.2 – Vaishnavi [informant/wife], the aforesaid crime came to be registered against in all 5 persons. Husband of the informant namely Manish has not applied for quashing. Rest of the family members i.e. father-in-law, mother-in-law, sister-in-law and brother-in-law have applied for quashing by filing separate applications.

¶40

The informant has initially filed an application with the police on 15.09.2021 alleging matrimonial harassment at the hands of applicants and her husband. Later on again she has filed a written report on 07.10.2021 raising similar grievance. During the course of enquiry, on 19.02.2022 the police have recorded statement of the informant on the basis of which the aforesaid crime has been registered.

Rgd.

Judgment

apl142.23

The informant got married with Manish on 05.01.2021 as per Hindu customary rites. After marriage she resumed cohabitation with her husband and in-laws at Pandhurna, Chindwara district in State of Madhya Pradesh. The husband of informant namely Manish was serving at Mumbai. Accordingly after few days the informant went to reside with her husband at Mumbai in a rented premises. It is her contention that her parents-in-law, brother-inlaw and sister-in-law [applicants] came to Mumbai and started raising multiple demands. They were insisting her to bring Car, LED TV, AC from her parents. They used to humiliate her by saying that in the marriage gift articles have not been offered and thus, she was subjected to cruelty at the instance of demands of various articles as well as, monetary demand. After few days, all the applicant left Mumbai, which was followed by her husband continuing to harass the informant by humiliating that her father has not offered valuables in the marriage.

¶46

It is the case of informant that at the time of Holi festival she came to Pandhurna on 13^th April, but, again the applicants

Rgd.

Judgment apl142.23

insisted her to meet the monetary as well as other demands. During her stay at Pandhurana, while she was sleeping in the room, applicants forcibly entered the room and tried to strangulate her with the aid of a scraf. Some how the informant get herself rescued from the murderous attempt. The informant immediately sent a whatsapp message to her mother regarding the harassment, and the happenings occurred with her. It was followed by informant’s father coming to Pandhurna and trying to convince applicants and husband of informant, but, it yielded nothing. The informant returned to her parents house and after one month again she resumed cohabitation with her husband.

¶51

Within few days, her husband was transferred from Mumbai to Nagpur, and thus, they came to reside at Nagpur. The informant became pregnant during said period. Her parents-in-law, brother-in-law and sister-in-law telephonically insisted her to meet the demands of various articles. The informant stated that on 14^th August all applicants came to Nagpur and enquired as to why her father has not given car as a gift. Finally by getting rid of the

Rgd.

Judgment

apl142.23

incessant harassment she left her matrimonial house and came to Amravati. At that time also all the applicants conveyed that she should not return back unless the demands are fulfilled. The informant has particularly alleged that her husband gave fist blow at her stomach, which resulted into aborting the child. After return from her husband’s house, she has lodged the report.

¶57

The informant in her police statement has spoken about the details about monetary demands, harassment and sufferings. Particularly she alleges that while she was staying at Mumbai on 22.03.2021, her brother-in-law came to Mumbai and in absence of her husband, tried to embarrass her and thus, tried to outrage her modesty.

¶58

The learned Senior Counsel appearing for all applicants has straneously argued that the allegations leveled in the first information report and the material collected during the course of investigation does not make out a prima facie case. It is submitted that majority of allegations are against the husband, who is not

Rgd.

Judgment

apl142.23

before the Court. The learned Senior Counsel relying on the decision of Supreme Court in case of Kans Raj .vrs. State of Punjab and others – [2000] 5 SCC 207 , to submit that the tendency of implicating all family members in matrimonial dispute is at rise and on mere conjectures and surmises, the family should not be roped into the matrimonial proceeding.

¶64

The learned Senior Counsel took us through certain documents to impress that during the period from 03.04.2021 to 17.04.2021 containment zone was declared at Pandhurna, and thus it was impossible to enter into said zone. The documents are tendered to show that father-in-law was detected as ‘Covid positive’ and was hospitalized from 03.04.2021 to 22.04.2021, and thus, the allegation regarding harassment during said period is improbable. It is submitted that there were exchange of notices, wherein in notice reply dated 15.09.2021, the incident of abortion is totally missing. According to applicants, due to strained relationship, the informant has exaggerated the allegations from time to time, and thus, in absence of any specific instance, prima facie case does not exist.

Rgd.

Judgment

apl142.23

On the other hand, the learned Counsel appearing for the informant once again took us to the written complaint along with statement of the informant recorded during the course of investigation. We have also been taken through various statements which particularly relates to informant supporting and reiterating the same allegations against the applicants. The learned Counsel for the informant particularly attracted our attention to two messages dated 13.04.2021 and 20.08.2021, sent by the informant to her mother on whatsapp. For the sake of convenience, we are reproducing the same as under :

¶70

Message dated 13.04.2021.

¶71

“ mummy papa ne navin car deta mantale hote ajun care dile ni manun maza husband Ani maze sasu sasre Ani nanad der maza sharerik Ani mansik chhal kart ahe. mala fashi deun marnyach prayatnh kela mi jorat ordat hoti tari pan maza var jor jabadasti karnyat Ali Mummy papa mala ethun geun ja he lok mala jivane marun takel yana apn andhan ni dil manun maza mansik”

Rgd.

Judgment

apl142.23

Message dated 20.08.2021.

¶77

“ Mummy sarv Jan mala khup mar zod kart aahe sasu sasre der nanad maza navra pan ryancha Kadun zala shivya galya kart ahe mala sharirik Ani mansik tras tras det ahe Ani paishachi magni kart ahe pandurnyala gadi pathava 4 vular Navin ethe sarv saman pathava mal sangat ahe gar man manun mala kuthe baher nighachi parmition pan ni ahr” (emphasis supplied)

¶78

The above messages disclose that there was a demand of car and in that regard she has been physically and mentally harassed. The informant has particularly stated that all the relatives of her husband used to harass her. She has also referred that once she has been tried to be strangulated by the family members of her husband. The lady has urged to her mother that due to harassment, she should be taken back to her parental house, otherwise she would be killed.

¶79

We have gone through the consistent statements of the informant which prima facie conveys that there was repeated

Rgd.

Judgment

apl142.23

demand of valuables. The informant has quoted certain instances, to be specific at the time of Holi festival and when she came to Nagpur and then thirdly on 14^th August, when she has been repeatedly harassed. The informant has specifically stated that her parents-inlaw, sister-in-law and mother-in-law came to Mumbai twice and she was subjected to physical and mental harassment. The family members of informant though played corroborative role, but, they have supported her contention to the extent of the role of all applicants.

¶85

The learned counsel for applicants took us through the medical papers that the reason for abortion was a fall of informant in bathroom. However, we do not wish to delve upon said aspect since husband is not before us. The various statements of informant coupled with whatsapp messages sent by the lady, prima facie discloses allegations particularly against all applicants. True, consistently the Supreme Court has taken a view that the tendency of involving all the family members of husband in matrimonial proceedings is at rise. However, on such assumption at prima facie

Rgd.

Judgment

apl142.23

stage we cannot exclude the family members if convincing material exists.

¶91

Besides that the learned counsel for the informant has attracted our attention to the order of this Court 28.06.2022, passed in Criminal Application No.808/2022. It reveals that applicants have earlier approached this Court for quashing of the same first information report. This Court after hearing the matter has expressed that there exists a prima facie case against all applicants, and on that basis declined to exercise our inherent jurisdiction. On that basis, it has been argued that in the wake of such position, the second application for quashing may not be entertained.

¶92

In response, the learned Senior Counsel has relied on the decision of Supreme Court in case of Anil Khadkiwala .vrs. State [Government of NCT of Delhi] and another – [2019] 17 SCC 294 , to contend that second application under Section 482 of the Code is maintainable. We have no hesitation to say that without looking to the facts, we cannot say that second application is not maintainable. However, fact remains that after considering the first information

Rgd.

Judgment

apl142.23

report and the investigation papers, this Court has expressed its noninclination by holding that prima facie case is made out. The said rejection by this Court has not been challenged further. Now the case has traveled much more, as the investigation is complete and having been found prima facie material, charge sheet is also filed. In the circumstances, it cannot be said that now there is no material against the applicants. Completion of investigation and filing of charge sheet always add to the original material which was before us. It reveals that certain orders showing pandemic period and some applicant affected by Covid were not produced before this Court in earlier application. We cannot re-assess the things by considering some more things which were existing earlier, but, not produced for the reasons best known to applicants. In such a background, the documents tendered in support of defence can be considered at the time of trial as a defence material. While invoking the powers under Section 482 of the Code, the Court cannot marshal the evidence, nor hold mini trial. Existence of prima facie material makes out a triable case. Particularly in the wake of earlier rejection, we are not inclined to exercise our inherent powers. In substance, no case for quashing

Rgd.

Judgment apl142.23

of the criminal prosecution is made out, Criminal Applications therefore, stand rejected.

¶102

JUDGE JUDGE

¶103

Rgd.

Nisha Dilip Dhomane v. State of Mah. Thr. Pso, Nandgaonpeth Police Station, Amravati and Another.

Case brief

What is this about?

What the court decided

Nisha Dilip Dhomane v. State of Mah. Thr. Pso, Nandgaonpeth Police Station, Amravati and Another.

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Deputy Chief Engineer (Construction) Central Railway, Wardha Vs Smt. Tulsabai Malang Badukle and Others

Padmesh Deodatta Gupta Vs Bureau of Immigration, Ministry of Home Affairs, Thr. Commissioner (Immigration), New Delhi and Ors.

Padmesh Deodatta Gupta Vs Bureau of Immigration, Ministry of Home Affairs, Thr. Commissioner (Immigration), New Delhi and Ors.

Dilip Mahadeorao Dhomane Vs State of Mah. Thr. Pso, Nandgaonpeth Ps, Amravati and Another.

Maha. State Electricity Distr. Co. Ltd. Thr. Superintending Engineer, O and M Circle, Bhandara Vs M/S Uniferro International Ltd. Universal Ferro and Allied Chemicals Ltd. Tumsar

Vaibhav So Vitthalrao Dhote vs State of Maharashtra through Its Secrtary Dep. of Home Mantralaya Mumbai 32 and 3