PRABHAKAR MHALASKANT AMBADKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner, by invoking the article 227 of constitution of India and section 482 of Criminal procedure code have prayed that the order of issuance of process for the offence under section 420 of Indian penal Code by the Judicial Magistrate, F. C. , Pune, in criminal private Complaint Case No. 86/l998, dated 29.4.1998, be quashed and set aside.

(2.) Respondent No. l, the original complainant, has filed a complaint under section 420,499 r/w section 34 of Indian Penal Code, against petitioners 1 and 2 The basic case has been that petitioner No. l, the son of petitioner No. 2, was engaged to Miss Arusha, daughter of respondent No. 1, on 8th April, 1997,at Pune. The marriage was fixed on 12th November, 1997. Respondent no. l then proceeded to make further arrangement for the marriage and spent Rs. 60,000/ to Rs. 70,000/-- for purchasing clothes, articles, advance for booking the mangal Karalaya, wedding cards, ornaments and in making telephone calls to various places. Petitioner No. l and the daughter of respondent No. l were meeting regularly, till the month of August, 1997. On 24th August, 1997, the daughter of respondent No. 1 went for her bank training to Aurangabad. Petitioner No. l enquired about her. Petitioner No. l thereafter, called her directly at aurangabad on 25th August, 1997 and surprisingly refused to marry. Petitioner No. l, had made telephone calls at the house of respondent NO. 1, complainant, and confirmed the said decision. As alleged the petitioners were unable to explain the reason for such refusal of the marriage. On 3.10. 1997 complainant, had sent a legal notice and demanded the amount spent for marriage preparation. The petitioner did not reply to the same. Therefore, on 18th February, 1998, a complaint was lodged against the petitioners in Parvati Darshan Police chowky. As no congizance was taken by the police, complainant was constrained to file the present private complaint before the Judicial Magistrate, F. C. , Pune and registered as Criminal Case No. 86/1998.

(3.) The basic reason for lodging complaint under section 420 r/w; section 499 of I. P. C. appears to be that because of the alleged deceitful intention of petitioner No. 1, they have suffered humiliation and mental torture. They have spent nearly Rs. 70,000/ in preparation for the marriage. Petitioner No. 2 has been made a party, being the father of petitioner No. l. It has been alleged that petitioner No. 2 failed to convince or persue his son against the breaking of the engagement. The averments of defamation have also been made.