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Tirth Jagdishchandra Rawal v. State of Maharashtra

Bombay HC3 Mar 2025ABA/522/2024

Case brief

AI extract

What is this about?

Anticipatory bail; husband-wife matrimonial dispute; FIR under Ss. 323, 406, 498A, 504 r/w 34 IPC; streedhan return; jewellery photographs; Rs.18 lakh compensation undertaking; educational documents and passport of informant; Borivali Police Station; Bombay High Court; Rajesh S. Patil, J.; ABA 522 of 2024; adjourned to 18.02.2025; For Circulation; interim protection from arrest dated 26.02.2024.

What did the court decide?

No final relief decided; the anticipatory bail application was stood over to 18th February, 2025 under the caption 'For Circulation', with the A.P.P. granted one week to confirm handover of the informant's educational documents to the I.O., and the parties granted one week to exchange photocopies of the jewellery. ¶41

Tirth Jagdishchandra Rawal vs State of Maharashtra — Dowry and Cruelty | Bombay HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Disposal of the applicant's anticipatory bail application seeking protection from arrest in the FIR case filed by his wife. +3 more

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Court's answer

The matter was stood over to 18th February, 2025, to come up under the caption 'For Circulation'.

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Ratio / Principle

The issue of the first informant's passport has come to rest, the informant (wife) having secured a new passport and travelled abroad.

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Key takeaways

As the Investigating Officer was not present in Court, the handover of the informant's educational documents to the I.O. could not be confirmed; the A.P.P. was granted a week's time to confirm the same to the Court.ratio¶33
Counsel for the applicant submitted, and the order records, that if proof of the jewellery is handed over and the streedhan is not available with the applicant, the applicant will compensate by paying Rs.18 lacs, as per the applicant's voluntary statement made on 26th February 2024 (recorded submission, not an adjudication).¶35
A week's time was granted to enable the parties to exchange photocopies of the jewellery.ratio

Detailed headnote1 paragraphs

Bombay High Court (Rajesh S. Patil, J.), Anticipatory Bail Application No. 522 of 2024, P.C. order dated 10.02.2025. Matrimonial dispute: the wife (first informant) filed an FIR against the applicant-husband and five in-laws under Sections 323, 406, 498A, 504 read with 34 IPC. By order dated 26.02.2024 the applicant was protected from arrest, with a recorded statement that he would hand over streedhan to the informant. At this hearing: (i) the passport issue was declared at rest, the informant having secured a new passport and travelled abroad; (ii) handover of the informant's educational documents to the I.O. could not be confirmed in the I.O.'s absence and the A.P.P. was granted a week to confirm; (iii) counsel for the applicant stated that, if proof of the jewellery is furnished and the streedhan is unavailable, the applicant will pay Rs.18 lacs as compensation per his voluntary statement of 26.02.2024; (iv) one week was granted to the parties to exchange photocopies of the jewellery. Stand over to 18.02.2025 under 'For Circulation'.

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Digitally signed KANCHAN by KANCHANVINOD VINOD MAYEKAR MAYEKAR Date:2025.02.10 20:58:57 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO. 522 OF 2024

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Tirth Jagdishchandra Rawal ….. Applicant

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VERSUS

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State of Maharashtra ….. Respondent

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Mr. Prem Tanna i/b. Shailendra Mishra & Associates for the Applicant.

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Mr. Ajay S. Patil, A.P.P. for the State.

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Mr. Gaurav Shukla a/w. Mr.Jainam Jain i/b. Apex Juris L.L.P. for the Respondent No.2.

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Mr. Devidas Gajre, A.P.I., Borivali Police Station present.

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CORAM : RAJESH S. PATIL, J.

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DATE : 10^th FEBRUARY, 2025

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P.C. :-

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The parties in the present proceedings are husband and

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wife. The wife has filed an FIR against the husband under Sections 323, 406, 498A, 504 read with 34 of the Indian Penal

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Code, 1860 against the present applicant and five more accused (in-laws).

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Earlier on 26^th February, 2024 this Court has passed an order thereby protecting the applicant from being arrest. The notice was issued to the informant. In paragraph (4) of the said order, it was recorded that ‘learned counsel for the applicant makes a statement that the applicant shall hand over streedhan which is with him, to the informant’.

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There was also issue about certain educational documents of the first informant lying with the applicant (husband) and also the issue of passport of the first informant, as alleged to be with the applicant.

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Today, it has been submitted that the informant (wife) has

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secured a new passport and has travelled abroad. Therefore, the issue of passport has come to rest.

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Learned counsel appearing for the applicant submits that

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the educational documents and all other important documents of

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the informant has been handed over to the Investigating Officer (IO). However, since the IO is not present today in Court, the said fact could not be confirmed. The A.P.P. is accordingly granted a week’s time to confirm to this Court about the educational documents.

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As regards the streedhan is concerned, the learned counsel appearing for the first applicant submits that she does not have the receipts about purchase of the said jewellery. However, she can produce certain photographs to show that she wore the said jewellery on certain occasions.

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Mr. Tanna, learned counsel for the applicant submits that if such proof is handed over, and the said streedhan is not available with the applicant, the applicant will compensate in monetary form by paying Rs.18 lacs to the applicant, as per the voluntarily statement made by the applicant on 26^th February, 2024.

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