Bombay High Court
Sakhubai Govind Hake And Ors vs The Sr Police Inspector And Ors on 3 January, 2024
Bench: Anuja Prabhudessai, N. R. Borkar
2024:BHC-AS:1760-DB
31-apl-638-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
APPLICATION NO. 638 OF 2023
1. Mrs. Sakhubai G. Hake
2. Mrs. Yashoda R. Satgire
3. Mrs. Janabai G. Hake @
Janabai Vilas Naik
4. Mrs. Mukta G. Shrirame
5. Mr. Ganpat Shrirame
6. Mrs. Geeta H. Shrirame
7. Mr. Anand Shrimane ...Applicants
Versus
1. The Sr. Police Inspector
Rabale Police Station, New Mumbai
2. The State of Maharashtra
3. Mrs. Devyani D. Hake ...Respondents
Mr. Mateen Shaikh for the Applicants.
Ms M.M. Deshmukh, APP for the Respondent/State.
Mr. Sachin Rajepandhare for Respondent No.3.
CORAM : SMT ANUJA PRABHUDESSAI &
N. R. BORKAR, JJ.
DATED : 3 JANUARY 2024
PC:-
1. The present application under Section 482 of Code of
Criminal Procedure, 1973 is fled to quash the First Information
Report No.196 of 2021 dated 11 June 2021 registered at Rabale
Police Station, New Mumbai for the ofences punishable under
Sections 498-A, 323, 504, 506 read with 34 of the Indian Penal
Code.
2. The aforesaid crime came to be registered at the instance
of respondent No.3/complainant. The applicant No.1 is the
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mother-in-law and applicant Nos.2,3,4 and 6 are sisters-in-law
of respondent No.3. Applicant No.5 is the husband of applicant
No.4 and the applicant No.7 is the father-in-law of applicant
No.6.
3. The marriage of respondent No.3 was solemnized with the
son of applicant No.1 on 11 May 2015. There are allegations of
demand of dowry against the husband and father-in-law. As
regards the present applicant, it is alleged that after marriage,
when the respondent No.3 came to cohabit with them, they
were compelling her to do all household chores. On trivial
issue, they used to quarrel with her. There are allegations of
unlawful demand of money against the husband, father-in-law
and mother-in-law (applicant No.1). It is alleged that they
demanded Rs.19 Lakhs for purchasing new house and when
the said demand was not met, they ill-treated the respondent
No.3.
4. We have heard the learned counsel for the applicants,
learned counsel for respondent No.3 and learned APP for
respondent/State.
5. The learned counsel for the applicants submits that
respondent No.3 has made vague and general allegations
against the applicants, which even if accepted in their entirety
would not constitute ofence under Section 498-A of IPC. It is
submitted that the respondent No.3 has implicated not only her
married sisters-in-law but their in-laws also. By drawing our
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attention to the order passed by this Court dated 21 December
2021 in Anticipatory Bail Application No. 1726 of 2021, the
learned counsel for the applicants submits that the respondent
No.3 has agreed to withdraw the allegations against her
sisters-in-law and their in-laws.
6. On the other hand, learned counsel for respondent No.3
submits that there is prima facie material to indicate that the
applicants had subjected her to cruelty. It is submitted that the
applicants cannot take beneft of the order passed by this
Court dated 21 December 2021 as after passing of the said
order when the respondent No.3 went cohabit with the
applicants, she was abused and driven out. It is thus submitted
that the application be dismissed.
7. The order passed by this Court dated 21 December 2021
reads thus:
1] Complainant wife along with her father is personally
present in the court.
2] Mediator Ms. Rutuja Ambekar, after communicating with
the complainant submits that complainant is residing with the
applicant who is an academician. Counsel for the complainant
assures that complainant shall cohabit with the applicant and
shall also co-operate with him in discharge of his parental duties.
3] In the aforesaid background, counsel for the complainant
on instructions from the complainant who is present in the court
consents for deletion of all allegations against sister of the
applicant and her in-laws and other relatives. As such,
investigation ofcer shall take appropriate steps.
4] The aforesaid assurance on the part of the complainant is
appreciated particularly in the matter of her bona fde attempt in
reuniting with the applicant.
5] In the aforesaid background, ad interim protection stands
confrmed.
(i) In the event of arrest of applicant in C.R. No.
196/2021 registered with Rabale Police Station, he shall be
released on bail on furnishing P.R. bond in the sum of
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Rs.500/- with one or more sureties in the like amount.
6] Counsel for the applicant is at liberty to produce copy of this
order to the investigating ofcer for taking appropriate steps in the
matter of investigation.
7] Application alongwith intervention application stand disposed
of."
(emphasis supplied)
8. It is apparent from the above order that a solemn
statement was made before this Court that the allegations
against sisters-in-law and their in-laws would be withdrawn. Be
that as it may, we have perused the frst information report.
The allegations of cruelty and demand of dowry are essentially
against the husband. The allegations against the applicants are
that they were compelling the respondent No.3 to do all
household chores. They used to frequently quarrel with her on
trivial issue. Though there are allegations of demand against
the applicant No.1, however, the same are vague. The
allegations against the applicants even if accepted in their
entirety would not constitute cruelty within the meaning of
Section 498-A of the IPC.
9. In Kahkashan Kausar alias Sonam and ors. vs. State
of Bihar and ors.1 as well as in Abhishek Vs. State of
Madhya Pradesh2, the Hon'ble Supreme Court referred to
previous decisions wherein concern was expressed over the
misuse of Section 498A of IPC and the increased tendency of
implicating relatives of the husband in matrimonial disputes,
without analyzing the long term ramifcations of a trial on the
complainant as well as the accused. The Apex Court cautioned
1 (2022) 6 SCC 599
2 2023 Livelaw SC 731
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that false implication by way of general omnibus allegations
made in the course of matrimonial dispute, if left unchecked
would result in misuse of the process of law and has warned
the Courts from proceedings against the relatives and in-laws
of the husband when no prima facie case is made out against
them. The Apex Court also emphasized that a criminal trial
leading to an eventual acquittal also inflicts severe scars upon
the accused and such an exercise must therefore be
discouraged.
10. Considering the facts and circumstances of the case, in
our view, it is a ft case to exercise the powers under Section
482 of the Code of Criminal Procedure to quash the FIR qua the
applicants. Hence, the following order is passed.
ORDER
A] The Criminal Application is allowed.
B] The C.R. No. 196 of 2021 dated 11 June 2021 registered at Rabale Police Station, New Mumbai for the ofences punishable under Sections 498-A, 323, 504, 506 read with 34 of the Indian Penal Code is quashed qua the applicants.
C] The Application is disposed of in the aforesaid terms.
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