SHOEB ARIF MEMON Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants have approached this Court under Section 482 of the Criminal Procedure Code, 1973 (for short, "the Cr.P.C.") for quashing of the First Information Report ("FIR") dated 10th September, 2020 registered against them, bearing Crime No.114 of 2020 at Police Station Dongri, Mumbai, for the offences punishable under Sections 354, 509, 323, 504, 506 read with Section 34 of the Indian Penal Code (for short, "the IPC"). Respondent No.2 is the original complainant. The complaint lodged by respondent No.2, leading to registration of the FIR, pertains to an alleged incident that took place on 13th August, 2020. It is an admitted position that the complaint of respondent No.2 was recorded by the police on 10 th September, 2020.

(2.) The applicants contended that the husband of respondent No.2 was working as their employee in a shop dealing in the business of ladies accessories and that there was a dispute between the applicants and the husband of respondent No.2. The applicants claimed that the husband of respondent No.2 had caused loss to their business by indulging in misappropriation and dealing directly with the clients of the applicants. It was their case that when they confronted the husband of respondent No.2 on 13 th August, 2020 in respect of the said dispute, there was an exchange of words between the applicants and the husband of respondent No.2. This had resulted in registration of two non-cognizable complaints with the police.

(3.) At the behest of the applicants and on the basis of the written complaint submitted by them on 18th August, 2020, on the same date, a non-cognizable offence was registered against the husband of respondent No.2 for offences punishable under Sections 323, 504 and 506 of the IPC. A copy of the said registration of non-cognizable offence bearing No.580 of 2020 was annexed to the present application. It was further the case of the applicants that even the husband of respondent No.2 had approached the police with regard to the said incident and at his behest also, a non-cognizable complaint was registered against the applicants for certain offences. According to the applicants, they had also approached the concerned authorities under the provisions of the Right to Information Act, 2005 by submitting an application dated 28th September, 2020 for details and copies of such complaints pertaining to non-cognizable offences registered against them at the behest of the husband of respondent No.2. It was submitted that the requisite information was not provided to them. It is in this backdrop that the applicants claimed that respondent No.2, as an after thought, approached the police on 10th September, 2020 to claim that the applicants on the said date i.e. on 13th August, 2020 had not only abused and manhandled her husband, but they had abused and also assaulted her in a manner that required registration of offences punishable under Sections 354, 509, 323, 504, 506 read with Section 34 of the IPC.