Bombay High Court
Prachi W/O Jay Harsukhlal Chauhan @ ... vs The State Of Maharashtra And Others on 16 March, 2022
Author: V. K. Jadhav
Bench: V. K. Jadhav
crwp923.21
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
980 CRIMINAL WRIT PETITION NO.923 OF 2021
PRACHI W/O JAY HARSUKHLAL CHAUHAN @ PRACHI D/O MANISH
PARMAR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
.....
Advocate for Petitioner : Mr. Anandsingh Bayas
APP for Respondents: Mr. R.V. Dasalkar
.....
CORAM : V. K. JADHAV AND
SANDIPKUMAR. C. MORE, JJ.
DATED : 16th MARCH, 2022
PER COURT:-
1. By consent of the parties, heard finally at admission stage.
2. The petitioner is the original complainant in connection with
crime No. 255 of 2021 registered at Pundliknagar Police Station,
Aurangabad for the offences punishable under Sections 498-A, 420,
406, 307, 323, 504, 506 r.w. 34 of I.P.C..
3. It is the case of the petitioner that the petitioner got married to
co-accused Jay Chauhan on 3.12.2020 at Aurangabad and the
accused Jay (husband of the petitioner) is hailing from Nashik.
According to the petitioner, the marriage of the petitioner was
outcome of the fraud practice upon her and her parents. After the
marriage, the petitioner went to reside at Nashik at her husband's
house, however, as per the allegations made in the complaint, she
::: Uploaded on - 17/03/2022 ::: Downloaded on - 18/03/2022 07:20:28 :::
crwp923.21
-2-
was physically and mentally harassed and tortured and she was
assaulted. She was also denied the physical intimacy. After the last
incident that was occurred on 24.4.2021, the petitioner original
complainant started residing at her parents' house at Aurangabad. It
further appears that so far as the allegations attracting ingredients of
Section 307 of I.P.C. are concerned, since the said incident allegedly
taken place in the matrimonial house situated at Nashik, the crime
No. 255 of 2021 registered with Pundliknagar Police Station,
Aurangabad came to be transferred to Upnagar police station,
Nashik on 22.7.2021 and presently the same is registered as crime
No. 121 of 2021.
4. Learned counsel for the petitioner submits that the parties have
arrived at amicable settlement and the consent terms are also
worked out. The petitioner and her husband Jay have decided to
end their matrimonial relations forever and they have approached the
Family Court by filing a petition bearing No. F-308 of 2021 for decree
of divorce by mutual consent as provided under Section 13-B of
Hindu Marriage Act.
5. Learned counsel submits that in view of the authoritative
pronouncement of the Supreme Court in the case of Rupali Devi vs.
State of Uttar Pradesh, reported in (2019) 5 SCC 384, the courts
at the place where the wife takes shelter after leaving or driven away
from the matrimonial home on account of acts of cruelty committed
::: Uploaded on - 17/03/2022 ::: Downloaded on - 18/03/2022 07:20:28 :::
crwp923.21
-3-
by the husband or his relatives, would, dependent on the factual
situation, also have jurisdiction to entertain a complaint alleging
commission of offences under Section 498A of the Indian Penal
Code. Learned counsel submits that in view of the same, the said
crime number is required to be investigated and dealt with by the
Pundliknagar police station, Aurangabad and necessary orders are
required to be passed with regard thereto.
6. Learned A.P.P. appearing for all respondents submits that in
view of the ratio laid down by the Supreme court in the case of
Rupali Devi vs. State of Uttar Pradesh (supra) appropriate order
may be passed.
7. The Supreme Court in the case of Rupali Devi vs State of
Uttar Pradesh (supra) has dealt with the following question;-
"Whether a woman forced to leave her matrimonial home on
account of acts and conduct that constitute cruelty can initiate
and access the legal process within the jurisdiction of the
courts where she is forced to take shelter with the parents or
other family members".
In para 15 of the said judgment, the Supreme Court has
discussed the provisions of Section 498A of I.P.C. with the
Explanation "A" and "B" which defines the cruelty and further
observed that "......The consequences of the cruelty committed at the
::: Uploaded on - 17/03/2022 ::: Downloaded on - 18/03/2022 07:20:28 :::
crwp923.21
-4-
matrimonial home results in repeated offences being committed at
the parental home. This is the kind of offences contemplated under
Section 179 Cr.P.C which would squarely be applicable to the
present case as an answer to the question raised."
8. Thus, in para 16 of the judgment, the Supreme court has made
following observations:-
"16. We, therefore, hold that the courts at the place where the
wife takes shelter after leaving or driven away from the
matrimonial home on account of acts of cruelty committed by
the husband or his relatives, would, dependent on the factual
situation, also have jurisdiction to entertain a complaint alleging
commission of offences under Section 498A of the Indian Penal
Code."
9. In view of the same, the order dated 15.7.2021 passed by the
Police Sub Inspector, Pundliknagar Police Station, Aurangabad,
unilaterally transferring the investigation of crime No. 255 of 2021 to
Upnagar Police Station, Nashik is liable to be quashed and set aside.
In consequence thereof, the crime No. 255 of 2021 registered with
Pundliknagar Police Station, Aurangabad is to be restored at its
original number and the Pundliknagar Police Station, Aurangabad
has to carry out further investigation in connection with the said
crime. In view of above, we proceed to pass the following order:-
::: Uploaded on - 17/03/2022 ::: Downloaded on - 18/03/2022 07:20:28 :::
crwp923.21
-5-
ORDER
I. Criminal writ petition is allowed in terms of prayer clause "B".
II. Criminal writ petition is accordingly disposed of.
(SANDIPKUMAR. C. MORE, J.) (V. K. JADHAV, J.) rlj/ ::: Uploaded on - 17/03/2022 ::: Downloaded on - 18/03/2022 07:20:28 :::