Bombay High Court
Priyank S/O. Navratna Yadav And Others vs State Of Maharashtra Thr. Police ... on 18 September, 2018
Author: R. K. Deshpande
Bench: R. K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO. 506 OF 2018
1] Priyank Navratna Yadav,
aged about 30 years, Occ. Service,
R/o. Plot No. 31/477, Sector 3,
Pratap Nagar, Jaipur.
2] Navratna Bhagwanswaroop Yadav,
aged about 58 years, Occ. Service,
3] Asha Navratna Yadav,
Aged about 52 years, Occ. Household,
Both R/o. Sunshine Building, Queens
Lane, Near Oriental Bank of Commerce,
Crystal Chowk, Amritsar.
4] Priyanka Singh Kunwarpal Singh,
Aged about 33 yeas, Occ. Teacher,
R/o. K-132, Answar Sushant City,
Kalwar Road, Jaipur.
5] Suresh Kumar Purushottam Lal,
Aged about 51 years, Occ. Service,
R/o. Plot No. 2715, Sector 46,
Gurugram, Haryana.
6] Sashi Vardhan Harsh Vardhan,
aged about 36 years, Occ. Household,
R/o. F-99A, Rd. No. 7, Om Metals
Auto Private Ltd, VKI Industrial
Area, Jaipur, Rajasthan.
7] Balraj Bhagwatswaroop Yadav,
aged about 55 years, Occ. Service,
R/o. 101, Janakpuri, 1st Imliwala
Phatak, Jaipur, Rajasthan........ APPLICANTS
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...VERSUS...
1] The State of Maharashtra,
through Police Station Officer,
Bajaj Nagar Police Station, Nagpur
2] Smt. Priya Priyank Yadav,
aged about 28 years, Occ. Service,
R/o. 228/A, Rachna Sahil Apartment,
Subhashnagar, T-Point, Nagpur,
P.S. Bajaj Nagar. ...... NON-APPLICANTS
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Shri P.D.Meghe, Advocate for applicants.
Shri A.Chutake, APP for Non-applicant No.1
Shri Amol Mardikar, Advocate for Non-applicant No.2
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CORAM: R. K. DESHPANDE AND
ARUN D. UPADHYE, JJ.
th
DATE : 18 SEPTEMBER,
2018.
ORAL JUDGMENT (per Court)
1] Admit.
Learned counsels appearing for the Non- applicants waives service of notice.
Heard finally by consent of the learned counsels appearing for the parties.
2] On 13.01.2018, the offences punishable under Section 498-A read with Section 34 of the Indian Penal Code are registered against the applicant No.1, the husband and others who are in-law of the Non-applicant No. 2 vide F.I.R No. 6 of 2018 at Police Station Bajaj Nagar, Nagpur. ::: Uploaded on - 19/09/2018 ::: Downloaded on - 20/09/2018 01:36:23 :::
3 apl506.18.odt 3] We had issued notice in this matter for final disposal on 15.06.2018 and the further investigation in the matter was also stayed. The Non-applicants have put their appearance and filed reply opposing the claim made in the application.
4] We have gone through the contents of First Information Report and we do not find that any case is made out against the applicant Nos. 2, 4, 5, 6 and 7 for the offence punishable under Section 498-A read with Section 34 of the Indian Penal Code. Some of them are not even residing at the place of matrimonial home of applicant No.1 and Non- applicant No.2 at Jaipur.
5] Shri Mardikar, the learned counsel appearing for Non-applicant No.2/complainant invited our attention to para No.2 of the report dated 13.01.2018, which pertains to the events which alleged to have taken place in the month of April, 2016 i.e. prior to the marriage between the parties on 16.11.2016. In our view, the same cannot be the subject matter of the offence punishable under Section 498-A r/w ::: Uploaded on - 19/09/2018 ::: Downloaded on - 20/09/2018 01:36:23 ::: 4 apl506.18.odt Section 34 of the Indian Penal Code against the applicant Nos. 2, 4, 5, 6 and 7. Therefore, we have no hesitation to hold that the registration of the first information report against the said applicants is liable to be quashed and set aside. 6] We have not gone into the merits of the challenge to the first information report at the instance of applicant Nos. 1 and 3. Though there is a ground raised that no part of cause of action has arisen at Nagpur, as the parties were residing throughout at Jaipur in the District of Rajasthan, we leave this question to be agitated in the application for discharge, if any, proposed to be filed by the applicant Nos. 1 and 3.
7] In the result, this application is partly allowed. The F.I.R. No. 6 of 2018 registered on 13.01.2018 at Bajaj Nagar Police Station, Nagpur, against the applicant Nos. 2, 4, 5, 6 and 7 for the offences punishable under Section 498-A read with Section 34 of the Indian Penal Code is hereby quashed and set aside. The applicant Nos. 1 and 3 are at liberty to apply for discharge in the event if the charge-sheet is filed. All questions are left open. ::: Uploaded on - 19/09/2018 ::: Downloaded on - 20/09/2018 01:36:23 :::
5 apl506.18.odt 8] Rule made absolute in above terms. No orders as to cost.
JUDGE JUDGE
Rvjalit
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