YASHODABAI DEVIDAS BAISANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application is filed under Sec. 482 of the Code of Criminal Procedure (Cr.P.C.) praying to quash F.I.R. No.74/2019 registered against applicants on 2/3/2019 with Dhule City Police Station, for the offences punishable under Ss. 143, 147, 149, 323, 504, 506 and 427 of the Indian Penal Code (I.P.C.).

(2.) The said F.I.R. is lodged by respondent no.2. Applicant Nos.1 to 4 are related to respondent no.2 as mother-in-law, father-in- law, brother-in-law and sister-in-law respectively. Applicant Nos.5 and 6 are the husbands of sisters-in-law of respondent no.2. Rahul Baisane has died on 22/11/2019. The applicants alleged that Rahul Baisane, husband of respondent no.2 committed suicide due to mental distress and harassment caused by respondent no.2 by resorting to vexatious and frivolous litigation against her husband- the deceased. Respondent No.2 has stated in the FIR that she had filed a domestic violence case seeking maintenance against her husband at Dhule. On 28/2/2019, she was present in Dhule Court premises along with her father and brother to attend the domestic violence case, which was fixed on that date. She has stated that her husband did not turn up in the Court on the said date and after the next date was given, while they were still in the Court premises, her husband and the present applicants came there and started beating her father and brother and when she intervened, she was also beaten up by them. She then states that due to the chaotic situation, the people in the Court premises intervened and saved them. Based on these allegations, respondent no.1 has registered the above FIR and after completion of investigation has filed Charge-Sheet No.69/2020 on 30/6/2020. Pursuant to which, S.C.C. No.1566/2020 came to be registered and is pending adjudication before the learned Chief Judicial Magistrate, Dhule.

(3.) We have heard Mr.R.W. Bagul, learned counsel for the applicants. He states that since there was matrimonial discord between respondent no.2 and her husband, she has implicated all the family members of her estranged husband by lodging false FIR. He states that the contents of FIR are most unbelievable and improbable. He also draws our attention to the fact that applicant nos.5 and 6 are residents of Erandol and Amalner respectively. He has further submitted that although the incident is stated to be occurred in the Court premises where many persons were present, respondent no.1 could not find any single independent witness. He points out that the investigating officer has merely recorded statements of respondent no.2, her parents and brother and her uncle, Prakash Khanderao Wagh, who has stated that he learnt about the alleged incident from his brother Prabhakar i.e. father of respondent no.2. He states that since the incident had never occurred, the prosecution could not find single independent witness. He has also referred to FIR to contend that the allegations are lacking in material particulars and rather absolutely vague and omnibus in nature. Specific role is not attributed to any of the applicants.