VIJAY LAXMAN PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing at the admission stage.

(2.) The present applicants are arraigned as accused Nos. 5 and 6, respectively, in C.R. No. 05 of 2021 dtd. 6/1/2021, registered with Amalner Police Station, Taluka Amalner, District Jalgaon, for the offences punishable under Ss. 306, 354, 448, 143, 323, 504, 506, and 427 read with Sec. 34 of the Indian Penal Code (hereinafter referred to as the 'IPC'). The applicants invokes inherent powers of this Court under Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Cr.P.C.'), seeking quashing of aforesaid FIR along with charge-sheet and further consequential proceedings is Sessions Case No.08 of 2022, pending before the learned Sessions Judge, Amalner, District Jalgaon.

(3.) FIR No. 05 of 2021 was registered at the instance of one Satish Morchand Patil, the son of the deceased, Ushabai Morchand Patil. It is alleged that the Ushabai was residing alone in her house at village Khedi (Khurd). Since February 2020, her neighbours, namely (1) Bhagwan Pandit Patil, (2) Jyerndbai Bhagwan Patil, (3) Kamlesh Bhagwan Patil, (4) Amol Bhagwan Patil, (5) Vijay Laxman Patil, and (6) Mohini Vijay Patil, who are also related to the complainant, has been harassing Ushabai. On the occasion of some religious function in the house of Bhagwan Pandit Patil, Ushabai had come to the Amalner at Market for marketing. After completing the shopping, Ushabai returned to her house in the village and found that an offering (Naivedya) to god had been placed beneath the Peepal tree in front of her house. Ushabai, therefore questioned Kamlesh Bhagwan Patil as to why they have placed the offering at such a place wharve dog have spread it all over and likely to come under the feet of passersby. It is alleged that the accused persons got angry and started assaulting Usahabai with kicks and fist blows and were also hurling abuses. The Ushabai immediately informed the complainant about the incident over the phone. The aforesaid incident was also reported to Amalner Police Station by Ushabai. When the accessed persons came to know about the said complaint, they also filed separate complaint against Ushabai. During the enquiry complaints, both the parties have summoned by Police. Parties arrived at a compromise and the complaints were resolved. It is further alleged that, in the month of April 2020, while Ushabai was filling water from public tap, she informed the neighbouring residents about the alleged incident of assault and abuse. Hearing the said talk, it is alleged then accused again gave abuses to deceased and threatened her to assault by saying that, 'nobody can do anything to us'. It is alleged that, at that time also, she was assaulted and abused. The aforesaid incident was also informed by Ushaba to her daughter Smita Umesh Baviskar and Durga Dinesh Patil on phone. It is further alleged that the informant told the deceased that there is lockdown all over due to corona and he is unable to come; and therefore, if any legal action is required to be taken, it can be done only after he visits the village.