Bombay High Court
Datta S/O. Kishanrao Bhombe And Anr vs The State Of Maharashtra And Anr on 20 January, 2020
Bench: T.V. Nalawade, M. G. Sewlikar
1 904- Cri. W. P. No. 904-2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
904 CRIMINAL WRIT PETITION NO. 904 OF 2019
1. Datta Kishanrao Bhombe,
Age : 45 Years, Occ. Service
2. Subhash Nivrutti Bhombe,
Age : 47 Years, Occ. Agriculture,
both resident of Devegaon,
Tq. Pathri, Dist. Parbhani. ...PETITIONERS
VERSUS
1. The State of Maharashtra,
Through Police Station, Pathri,
Tq. Pathri, Dist. Parbhani.
2. Parvati Limbaji Jadhav,
Age : 36 Years, Occ. Agriculture,
R/o. Devegaon Tq. Pathri,
Dist. Parbhani. ..RESPONDENTS
.....
Advocate for the Petitioners : Mr.A.A. Khande
A.P.P for Respondent-State : Mr. R. D. Sanap
Advocate for respondent Nos. 2 to 4 : Mr. S.S. Nade
.....
CORAM :T.V. NALAWADE AND
M. G. SEWLIKAR,JJ.
DATE : 20.01.2020.
ORDER :-
The petition is fled for relief of quashing of FIR No. 250/2018 registered with Pathari Police Station, District Parbhani for the ofences punishable under Sections 452, 354, 323, 504, 506 read with Section 34 of the Indian Penal Code and also for relief of quashing of case fled in this crime i.e. ::: Uploaded on - 24/01/2020 ::: Downloaded on - 10/06/2020 13:58:04 ::: 2 904- Cri. W. P. No. 904-2019.odt Regular Criminal Case No. 58 of 2019 which is pending in the Court of learned Judicial Magistrate, First Class, Pathari, District Parbhani.
2. Both the sides are heard.
3. The crime is registered on the basis of report given by respondent No.2. In the FIR, allegations are made by respondent No.2 who was aged about 35 years that on 23.10.2018, at 10.00 a.m. when she was alone in her house present applicants entered her house, they misbehaved with her, they caused tear to her blouse and they pressed her breast and thereby molested her. She has contended in the FIR that abuses in flthy language were also given and threat of life was given. It is contention that when she shouted, her mother rushed towards the house and then both the applicants ran away. In respect of incident dated 23.10. 2018, the report came to be given on 24.10.2018, and crime came to be registered at 2.26 p.m
4. Police papers shows that there is statement of mother of the informant and there are statements of others showing that they had seen the accused running away from the house of the informant.
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3 904- Cri. W. P. No. 904-2019.odt
5. The learned counsel for the applicants submitted that there is dispute between the two families over boundaries of the agricultural lands. He submitted that prior to registration of the present crime, FIR was given, by the wife of one of the applicant on 02.08.2018 and the crime was registered against the male persons of the family of the informant for the ofences punishable under Sections 326, 354 read with Section 34 of the Indian Penal Code. Copy of the said FIR is produced on record. He submitted that on 23.10.2018, itself one more report which was treated as non cognizable case was given by the wife of one of the applicant by name Kavita Dattatraya to police and she had informed that the family of the present informant had given threat, in the noon time on 23.10.2018 and they were asking her to see that the previous case fled by them was withdrawn. Learned counsel submitted that to give the counter blast to the previous FIR, present FIR is given and it does not look probable that the male persons of the family had entered the house and had done such a thing.
6. The submissions made show that there is dispute between two families and both of them have used lady members to make allegations against each other. Though, similar allegations are made against each other, it cannot be said on the basis of the record available in the present crime ::: Uploaded on - 24/01/2020 ::: Downloaded on - 10/06/2020 13:58:04 ::: 4 904- Cri. W. P. No. 904-2019.odt that no such incident took place and only to give counter blast to the previous FIR, present FIR is given. It cannot be said that there will not be any material in the case fled against the applicants, when the case will be put up for trial. In the result, petition stands dismissed.
(M.G.SEWLIKAR, J.) (T.V. NALAWADE, J.)
YSK/
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