Court: Bombay High Court
Bench: JUSTICE B.R. Gavai & Z.A. Haq
Pradeep Vs. State Of Maharashtra & Anr. On 30 September 2013
Law Point:
Criminal Procedure Code, 1973 — Section 482 — Indian Penal Code, 1860 — Sections 498A, 506, 34 — Quashing of FIR — Cruelty — Criminal intimidation — Common intention — Applicant is unnecessarily implicated by non-applicant No. 2 in internal affairs of applicant and non-applicant No. 2 — FIR does not make out any case for prosecution of applicant under Section 498A, IPC.
JUDGEMENT
Heard the learned Counsel for the parties.
2. Rule. Rule is made returnable forthwith.
3. The applicant has filed this application under Section 482 of the Code of Criminal Procedure praying that F.I.R. No. 194 of 2013 dated 7th of May, 2013 registered at Police Station, Gittikhadan, Nagpur for the offences punishable under Sections 498A, 506 read with Section 34 of the Indian Penal Code be quashed,
4. According to the applicant, the non-applicant No. 2 has filed complaint against her husband Sanjay Parate, which is registered as FIR No. 194 of 2013. The applicant has stated that he is a teacher and knows Shri Sanjay Parate, who is working in the same school. The applicant was called by Shri Sanjay Parate as his father was not keeping well and his child was crying. When the applicant went to the house of Shri Sanjay Parate, he observed that non-applicant No. 2 and some members of Mahila Cell were pressurizing Sanjay Parate to take the non-applicant No. 2 in his house in order to satisfy the decree of Restitution of Conjugal Rights and Shri Sanjay Parate refused to allow the non-applicant No. 2 to enter the house on the ground that he had filed an appeal before this Court. According to the applicant, he is unnecessarily implicated by the non-applicant No. 2 in the internal affairs of the applicant and the non-applicant No. 2.
5. In Criminal Application No. 383 of 2013, we have dealt with the legality of the FIR No. 194 of 2013 and by the order passed today (dated 30th of September, 2013) we have quashed the First Information Report No. 194 of 2013. Therefore, for the reasons stated in the judgment in Criminal Application 383 of 2013, we have no hesitation in allowing the application and quashing the First Information Report No. 194 of 2013. Moreover, the allegations made in the F.I.R., does not make out any case for prosecution of the applicant under Sections 498A and 506 of the Indian Penal Code. Hence, we pass the following order.
6. The application is allowed.
Rule is made absolute in terms of prayer Clause (1).
In the circumstances, parties to bear their own costs.
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