FAKIRCHAND DAGDUBA INGLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of learned counsel for respective parties, the matter is taken up for final hearing.

(2.) By the present petition filed by petitioner nos.l and 2 under Articles 226 and 227 of the Constitution of India and also under Section 482 of the Code of Criminal Procedure, petitioners prayed that F.I.R. bearing C.R. No.35/2010 registered with Hasnabad Police Station on 19th April, 2010 under Sections 376, 306. 504, 506 and 34 of the Indian Penal Code qua the petitioners, be quashed and set aside. After filing the present Petition, interim relief was granted in favour of petitioners in terms of prayer clause 'E' by this Court on 06th May, 2010 until further orders.

(3.) The petitioners contend that they are original accused in C.R. No.35/2010 registered with Hasnabad Police Station under Sections 376,306,504,506 and 34 of the Indian Penal Code and the F.I.R. came to be registered on 19th April, 2010 by respondent no.3 herein (original complainant) against them alleging that son of petitioners namely, Ganesh has committed rape upon deceased Rekha on 17th April, 2010, who was daughter of respondent no.3. It is also alleged that petitioners came from Pune to their village Shirasgaon Ingle, Post Shirasgaon, Tq.Bhokardan, Dist.Jalna and thereafter went to the house of present complainant and stated to deceased Rekha on 19th April, 2010 that she must die consuming poison. It is also alleged that deceased Rekha could not sustain humiliation by the said utterances and consumed poison and committed suicide on the same day i.e. on 19th April, 2010. Hence, F.I.R. came to be lodged by respondent no.3 against petitioners herein with Hasnabad police Station, Dist.Jalna and same came to be registered under C.R. No.35/2010 on the same day. Being aggrieved by the said filing of F.I.R. petitioners have moved this Court for quashing the said F.I.R. contending that the said F.I.R. is frivolous and vexatious.