LAWS(BOM)-2023-8-350

JYOTI ASHOK THORAT Vs. STATE OF MAHARASHTRA

Decided On August 19, 2023
Jyoti Ashok Thorat Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Present application has been filed for quashment of First Information Report invoking the powers of this Court under Sec. 482 of the Code of Criminal Procedure, 1973. The First Information Report has been lodged by respondent No.2 vide Crime No.24/2021 with Akhada Balapur Police Station, Dist. Hingoli, for the offence punishable under Sec. 498-A, 323, 294, 504, 506 read with Sec. 34 of the Indian Penal Code, 1860 on 26/1/2021.

(2.) It is not in dispute that respondent No.2 got married to one Yuvraj Thorat on 25/3/2012. Said Yuvraj is the son of applicant No.5, applicant No.1 is the wife of applicant No.4, applicant No.2 is wife of applicant No.3, applicant Nos.3 and 4 are the sons of applicant No.5, applicant Nos.6 and 9 are the son and daughter of applicant Nos.2 and 3 and applicant Nos.7 and 8 are the sons of applicant Nos.1 and 4. Thus, the applicants are the relatives of husband of respondent No.2 - informant. Further, it is not in dispute that respondent No.2 had lodged First Information Report vide Crime No.121/2017 with Dighi Police Station, Pune City, for the offence punishable under Sec. 498-A, 323, 504 read with Sec. 34 of the Indian Penal Code.

(3.) With the said background, we have heard learned Advocate Mr. P.D. Jarare for the applicants, learned APP Mr. A.V. Deshmukh for respondent No.1 and learned Advocate Mr. N.U. Telgaonkar for respondent No.2, and perused the documents like copy of the charge sheet, copy of the charge sheet in respect of earlier crime filed before the Court of Judicial Magistrate First Class, Khadki, Pune, charge framed in the said matter Exh.22 by learned Judicial Magistrate First Class, Khadki, Pune on 6/4/2018.