SANGETHA SIBY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and, with the consent of the Counsels for the parties, heard finally.

(2.) This application under Section 482 of the Code of Criminal Procedure, 1973 ( "the Code ") is preferred for quashing CC No.39/SC/2020, pending on the file of Court of Session, Thane, arising out of FIR No.80/2016, dated 26th March, 2016, lodged with Shrinagar Police Station, Thane, for the offences punishable under Sections 452, 394, 397, 355, 324, 323, 326, 342, 506 read with 34 of the Indian Penal Code, 1860 ( "the Penal Code ") by respondent no.2 - the first informant, on the basis of the settlement arrived at between the applicants - accused and the first informant.

(3.) The marriage of applicant no.1 Sangetha was solemnized with respondent no.2 Siby Kora on 12th October, 1992. Applicant no.3 Kumari Selby Siby and Anson were born out of the wedlock. It seems that after cohabitation for almost 25 years, differences arose between applicant no.1 and respondent no.2. On 26th March, 2016, respondent no.2 lodged a report with Shrinagar Police Station with the allegations that on 25th March, 2016 when he had returned home from his native place in Kerala unannounced, he had noticed Mahendra Pardeshi coming out of his home and had thus snapped Mahendra 's photo on mobile phone. At about 8.30 pm. on the same day, his wife and daughter alongwith applicant no.2 Sumeet and the said Mahendra Pardeshi barged into his house and started assaulting him by fist and kick blows amidst questioning as to why he had snapped the photo of Mahendra. During the course of the assault, he was allegedly robbed of a mobile phone, ring and keys of the house. His clothes were torn of and he was dragged to Shrinagar Police Station. On the strength of the said report crime was registered at Shrinagar Police Station for the offences punishable under Sections 452, 394, 397, 355, 324, 323, 326, 342, 506 read with 34 of the Penal Code. Post investigation, charge-sheet came to be lodged against the applicants, leading to Sessions Case being CC No.39/SC/2020.