RAJENDRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) . Applicants accused herein have prayed for following reliefs. "B] That, proceeding in R.C.C. No.906 of 2021 pending before learned Judicial Magistrate First Class, Aurangabad under sec. 306, 498-A, 304-B, 323, 504, 506 r/w 34 of Indian Penal Code registered with Harsul Police Station as Crime No.03 of 2021 may kindly be quashed and set aside. B-1] That, proceeding in session case no.167 of 2021 pending before the learned Session Judge, Aurangabad under sec. 306, 498-A 304-B, 323, 504, 506 R/w 34 of the Indian Penal Code registered with Harsool Police Station as Crime No.03 of 2021 may kindly be quashed and set aside."

(2.) Brief background of the case : Deceased Ashwini was married to Dhammapal Bhimrao Wankhede on 19/2/2020. Deceased Ashwini committed suicide on 2/1/2021 and therefore, her father i.e. respondent No.2 set law in motion informing that his deceased daughter was treated properly merely for two months after marriage and thereafter, her husband started demanding share in the agricultural land of the informant and also demanded Rs.1,00,000.00 and on such count quarreled with her. Informant claims that because of harassment to his daughter, he shifted her temporarily to house of his younger daughter Divya but there also her husband reached, beat his deceased daughter Ashwini and took her away. Hence, he went to meet his daughter but she was not found in the house of husband and so he approached house of present applicants, who are cousin fathers-in-law of his deceased daughter. Allegation is raised that present applicants quarreled with informant and prevented informant from taking his daughter with him and so he returned back. On 2/1/2021, informant received a phone call from one Gautam Ghorpade at around 08:00 p.m. informing that Ashwini had hung herself and he was informed that she was taken to hospital. When he reached Aurangabad, he came to know that Ashwini was admitted and treated in Ghati Hospital but she died on 4/1/2021 and Doctor informed him that her death was due to hanging. Hence, the FIR.

(3.) On the strength of above allegations, crime bearing No.03 of 2021 was registered and after investigation, applicants - accused were arrested. Present applicants - accused Nos.6 and 7, who are cousin fathers-in-law of deceased Ashwini, are now praying to invoke inherent powers under Sec. 482 of Code of Criminal Procedure (for short 'Cr.P.C.') for grant of aforesaid reliefs. Submissions