CYRUS KEKI BALSARA Vs. JASMINE K GANDHI

JUDGEMENT

(1.) Both the aforesaid proceedings connected with the events occurred in Criminal Case No.99/SW/2008 of the 51st Court of learned Metropolitan Magistrate, Kurla, Mumbai heard together are disposed of by this common Judgment.

(2.) Criminal Application No.514 of 2011 under Section 482 of Code of Criminal Procedure and Article 227 of the Constitution of India is preferred by three applicants, i.e. accused Nos.1 to 3 in said Criminal Case No. 99/SW/2008. They have prayed for quashing the order dated 20122008, passed issuing process against them under Sections 506(II), 504, 323, 324, and 384 of the Indian Penal Code (for short, "IPC") upon a private complaint made by respondent Nos.1 and 2 (hereinafter referred as "complainant No.1 and 2") in said application.

(3.) The said complainant had made said complaint amongst other on the allegation that on 4122008, at about 11:30 p.m., the accused No.3 sent two goondas at their house at Dadar Parsi Colony. Upon complainant No.2 opening the door of the house expecting his father husband of complainant No.1, one of the goondas slashed a knife upon the leg of complainant No.2, causing contused lacerated wound of length 4". The same goonda thereafter hit him on the left side of chest causing two minor contused lacerated wounds with severe inflammation and immense pain. After complainant No.2 cried loudly "mummy" and complainant No.1 "police", said goondas ran away fast stating in Hindi that "if they do not withdraw the complaint filed against accused No.1 and 3, they would kill them. They also stated that it was a warning assault and next time it would be murder". It was also alleged in said complaint that complaints had filed a complaint in Court a day prior to occurrence of said incident regarding threat given and assault made by accused No.3 upon them on 28112008 for which they had lodged NC No.949/2008 at Matunga Police Station, Mumbai. The complainants also detailed out about earlier 35 incidents of assault/threats given reported by them to various police stations and the recording of first information report and/or NC cases about it.