Bombay High Court
Kavita W/O. Vijay Shivbhagat vs The State Of Maharashtra And Anr on 24 July, 2019
Bench: T.V. Nalawade, K.K. Sonawane
1 Cri. Application No. 2069-2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 2069 OF 2018
Kavita W/o Vijay Shivbhagat,
Age : 35 Year, Occ. Household,
R/o. Ambedkar Nagar, Nai Abadi,
Nanded, Dist. Nanded. .. APPLICANT
VERSUS
1. The State of Maharashtra,
Through Police Station Officer,
Police Station, Shivajinagar,
Nanded.
2. Suraj S/o Gyanbarao Kalyankar,
Age : 26 Years, Occ. Agriculture,
R/o. Tamsa, Tq. Hadgaon,
District Nanded. ..RESPONDENTS
....
Advocate for the Applicant : Mr. Gajanan Kadam
A.P.P for respondent-State : Mrs. V. S. Choudhari
Advocate for respondent No.2 : Mr. D. Y. Nandedkar
....
CORAM :T.V. NALAWADE AND
K.K. SONAWANE ,JJ.
DATE : 24th JULY, 2019.
ORDER :-
The application is filed for relief of quashing of FIR No. 209 of 2016 registered with Shivaji Nagar Police Station, Nanded for the offences punishable under Sections 420, 323, 504 read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Maharashtra Prevention and Eradication of Human Sacrifice And Other Inhuman, Evil and Aghori Practices And Black Magic Act, 2013.
2. Heard both the sides.
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2 Cri. Application No. 2069-2018.odt
3. The crime is registered on the basis of report given by Suraj Kalyankar. It is contention that on 25.06.2016 when he and Sandeep were together, one Anil Wahule contacted them on mobile phone of Sandeep and inform that one Kavita was saying that she can double the cash amount, due to blessing of Babubhai Maharaj. He gave them particulars of Kavita by giving her residential address and said that he knew well Kavita and she had given the appointment on the next day. On 26.06.2016, informant, Suraj and Wahule went to the residential place of Kavita at Nanded. Kavita said that Babubhai Maharaj was not present in the Nanded and so they should come on the next day.
4. On 27.06.2016, these three persons again went to residential place of Kavita. In her house, Babaubhai Maharaj, Kavita and one Waghmare were present. Babubhai Maharaj said that he can double the cash amount immediately. On that representation informant gave Rs. 1,000/- to Mahararaj. Maharaj then brought a wooden bucket and showed that it was empty. He then poured water in the bucket and said that he would collect Rs. 2,000/- from the Bucket and accordingly he collected Rs. 2,000/- from the Bucket and handed over the amount to the informant.
5. Due to aforesaid incident informant and his friends were convinced and they believed that Mahraj and Kavita were in a position ::: Uploaded on - 26/07/2019 ::: Downloaded on - 27/07/2019 00:18:28 ::: 3 Cri. Application No. 2069-2018.odt to make the amount double. They collected money like Rs. 1,50,000/- and they went to the residential place of Kavita with that cash amount. She said that Maharaj had gone to the Nizambad and so they would go to Nizambad. Kavita contacted Maharaj on phone and informed that she was coming to the Nizambad with the informant Waghmare and Anil. These four persons went to the Nizamabad. After reaching the residential place of Maharaj, Kavita told them that there was no entry to ladies to the place where the Maharaj was living. She asked them to wait for Maharaj near Hotel Shalimar. These three persons went to the hotel Shalimar and they kept waiting there for Maharaj. Maharaj came there with other persons.
6. Babubhai Mahraj was carrying a bag. He handed over bag to Kavita who came there and said that there was money for them in the bag. When the bag was opened they noticed that there was some cash amount. Two unknown persons then came there and asked the informant and his two friends as to why they were taking away the money of Maharaj. They snatched the bag containing money. The amount of Rs. 1,50,000/- was already handed over to Kavita by the informant. Informant and his friends were assaulted by the persons who were in the company of Maharaj and they went away with that cash amount.
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7. After leaving of the aforesaid persons first informant demanded back amount from Kavita but she said that she will not return the amount and if he keeps asking for money she would file a false case in the police station. Report came to be given on 02.08. 2016.
8. The submissions made and the record of the investigation show that the friends of informant were in his company and they have given consistent statements. Police could trace Kavita but they could not trace aforesaid Maharaj and his associates.
9. During the argument, learned counsels for the applicant and first informant submitted that they have settled the dispute. Terms of the compromise are produced and they show that Kavita has given cheque to the respondent- informant and due to that respondent has given no objection to give relief to Kavita the present applicant.
10. In view of the nature of the allegations this Court had asked the learned A.P.P to ascertain as to whether present applicant has bad antecedent. Police Station made enquiry with other police stations and they have received information that on 30.08.2016 Crime Register No. 345 of 2016 is registered for the similar offences and the similar promises was given to the informant and the similar amount was taken away from the informant by those persons. In that crime also one lady ::: Uploaded on - 26/07/2019 ::: Downloaded on - 27/07/2019 00:18:28 ::: 5 Cri. Application No. 2069-2018.odt was involved in addition to other persons.
11. It appears that as anticipatory bail was granted to the applicant in present crime, police could not do anything. Now there is information about the other crime and she can be arrested in other crime and effective investigation can be made. Investigation of that matter and present matter is still in progress.
12. The incidents of aforesaid nature are increasing day by day. Due to such incidents and due to superstitious nature of most of the persons of our society the aforesaid special enactment is made by the State. Such persons exploit superstitious persons of the society and virtually deceive them. It is social legislation and if person is found involved in such activity, the court is not expected to set-aside such proceeding if there is material to make out offence punishable under such legislation. Only in few cases the incident of fraud, cheating are reported and in those cases the accused persons try to settle the dispute by giving the money. This Court holds that in such cases due to compromise the relief of quashing of FIR or proceeding itself cannot be given. In the result, the application stands dismissed.
[K.K. SONAWANE] [T.V. NALAWADE]
JUDGE JUDGE
YSK/
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