DEVYANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present petition has been filed by the original informant for challenging the order passed by learned Ad-hoc Additional Sessions Judge-1, Parbhani below Ex.31 in S.T. No.112 of 2013 on 13-02-2018; thereby allowing the discharge application under Section 227 of Code of Criminal Procedure filed by original accused No.14 and 15, i.e. present respondent No.2 and 3.

(2.) Present petitioner has filed First Information Report (FIR. on 15-01-2013 with Nanalpeth Police Station, Parbhani vide Cr. No.11 of 2013; alleging that the accused persons have committed offence punishable under Section 466 , 366 , 468 , 469 , 471 , 500 , 501 , 506 , 511 and 34 of Indian Penal Code. It was contended by the informant in her FIR that she had taken admission in Dnyanopasak Mahavidyalaya Parbhani for M.Com. course. Prior to that she has completed her B.Com. from Pune. She was residing with her father at Bhajangalli, Parbhani. Accused No.8 is the husband of her maternal aunt who resides at Nasik and carries out bakery and leather item business. He has son by name Amol aged 28 years. He used to go to Pune for business on many occasions. He used to visit the hostel of the informant for giving delivery of tiffin given by his mother. Informant has no occasion to raise suspicion over him as he was her cousin. However, she could feel the difference in his behaviour about 1 to 1 1/2 years prior to FIR. He used to get emotional while talking on phone and also used to make advances. She had given him understanding about the said behaviour. She had told about his conduct to her parents. When her parents raised the said issue with his parents, Amol had accepted his mistake and assured about good behaviour in future.

(3.) The informant has further stated that Amol had tried to contact with her on phone after she started residing at Parbhani. She refused to talk to him. There was an attempt to abduct her by Amol and his friends, when she was returning from college. She came across her photo on the Parbhani edition of Daily Lokmat on 13-01-2013. The news was in respect of blessings to her on her marriage with Amol. A photograph was published wherein she was shown with Amol with garlands. It was an advertisement given by one Altaf Salim Shaikh. She as well as her family members were shocked by the said news. Many people came to greet her after reading the news. Her father and uncle made inquiry with Lokmat office and came to know that the said advertisement was given by their Nasik office for publishing it in Parbhani edition. The said office made her available certain documents from their Nasik office. Those documents were given to her on 14-01-2013. She was shocked to see those documents. There was a bond paper purchased in her name on which there was joint affidavit of herself and Amol stating that they have performed marriage at 12-35 p.m. on 24-04-2012 at Aurangabad road, Nasik. Name of the priest and witnesses were also mentioned. The said document was notarized with Notary - Vasant Pekhale. She says that the said affidavit is false. She had never gone to Nasik on 18-06-2012. She then collected the certificate of marriage from Nasik Municipal Corporation. It was realized that somebody had impersonated her and it was shown that she got married to Amol. All those documents have been fabricated and the photos were also got prepared by using photo-trick. The news regarding the marriage was published after about 8 months of alleged marriage and the said act has been done only to defame her and her family members. The news papers have also not verified the news and published it as given. Hence, FIR was filed.