DHANSHREE SHEKHAR HIRVE Vs. SHEKHAR VASANTRAO HIRVE

JUDGEMENT

(1.) Heard Learned Counsel for the petitioner. Respondent No. 1 is present in person. Perused the petition and material available on record.

(2.) By this petition the petitioner has prayed for quashing of the criminal proceedings and setting aside the impugned judgment and order, dated 22.2.2010, passed by the learned Judicial Magistrate, First Class, Cantonment Court, Pune below Exhibit-45 in Regular Criminal Case No. 295/2003, whereby the learned Magistrate was pleased to reject an application filed for discharge of the accused.

(3.) The complaint was lodged by Shekhar Vasantrao Hirve against his wife Sau. Dhanshree Shekhar Hirve and others, which was registered at Cantonment Police Station, Pune, which gave rise to the F.I.R. No. 5/2003, complaining offence punishable under Section 420 read with Section 34 of Indian Penal Code that the First Informant was cheated by the accused-petitioner and Vilas Pandurang, Sau Shobha Vilas, Pramod Pandurang, Chandrashekhar Pandurang, Umesh Pandurang and Sau. Smita who are close relatives of his wife Dhanshree, upon the accusations that they concealed the ailment suffered by the wife, as also medical treatment which she was undergoing in respect of imbalance of harmons etc. Thus, according to the First Informant, the information was deliberately withheld from him before his marriage with Sau. Dhanshree. Therefore, the accused had, in furtherance of common intention, cheated the First Informant.