SHILPA ASHWIN AADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, made returnable forthwith. Heard the matter finally by consent of the learned counsel appearing for the parties.

(2.) By this petition, the petitioners prayed for quashing of the Criminal proceedings vide Criminal Case No. 156/2011, initiated under Sections 107, 116(3) and 151 of the Code of Criminal Procedure.

(3.) On 12/06/2011, there was no water from the tap hence, petitioner no. 1 went to see the valve at about 12.30 p.m. She found that it was in broken condition. She then asked respondent No. 3 - Mina and her brother Pappu Jogi as also her sister Munni Jogi, as to who had broken the valve. Upon questioning them, respondent No. 3, her brother and sister quarreled over the question and abused petitioner no. 1 in a very filthy language based on her caste and, threatened to kill her. Petitioner No. 1, therefore, on 12/06/2011 approached at Police Station Wadi, Nagpur and narrated the incident to respondent no. 1 - Police Station Officer at Wadi Police Station, Nagpur, who wrote report as per her whim and opinions vide Non Cognizable Report No. 326/2011, under Sections 504 and 506 of the Indian Penal Code against respondent no. 3, her brother and sister. Being angered by this, respondent no. 3, her brother and sister chose to lodge false report at Wadi Police Station, which was noted as N.C.R. 327/2011, for offence punishable under Sections 504 and 506 of the Indian Penal Code against the petitioner no. 1, her husband and brother.