DNYANESH ANANDRAO GABHANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This criminal application seeks to quash the First Information Report, registered against the present applicants.

(2.) Applicant no.1's sister Anita is married to non-applicant no.2 Bhagwan Jogdand. Their marriage had taken place in the year 1997. Applicant no.2 to 6 are relatives of applicant no.1. All applicants are resident of different places. It is alleged that after the marriage, non-applicant no.2 Bhagwan started ill-treating Anita. She was turned out of the house. She was, therefore, compelled to lodge the report with the police, upon which an offence under Section 498A of Indian Penal Code was registered by the police along with an offence under the Dowry Prohibition Act. Non-applicant no.2 was convicted in the said case. Similarly, applicant no.1 had filed another criminal case against non-applicant no.2 - Bhagwan alleging that he had entered into second marriage during subsistence of the first marriage. The said criminal case is still pending. Applicants submit that on 20/5/2005, non-applicant no.2 filed a complaint with the police alleging that he was beaten by the present applicants. The said complaint was filed at 23.30 hours alleging that the incident had taken place 19.30 hrs. It was registered as non-cognizable case and the matter was referred to the head-constable for taking preventive action. It is alleged that on 10/6/2005 non-applicant no.2 once again lodged a report with the police alleging that on 20/5/2005 at about 10.45 p.m. all accused i.e. present applicants assaulted and questioned him as to why he had lodged report against them. The police registered an offence on the basis of this report dated 10/6/2005. It is this First Information report which the applicants seek to quash.

(3.) The applicants submit that this report is patently false and concocted one. It is contended that on 20/5/2005 the brother-in-law of applicant no.3 Jagdish was to get married at Aurangabad and his name is Ganesh. He is also nephew of applicant no.6 Digambar. Applicant nos.3 and 6 therefore were at Aurangabad on 20/5/2005 for the marriage of said Ganesh. Applicant no.1 is a Talathi and he was on duty on 20/5/2005 with Shri P.H.Rathod, Naib Tahsildar, as he was member of flying squad. Applicant no.4 is a Sectional Engineer and he was on duty at Akot. Applicant no.5 Rohit had suffered fracture of his ankle and was under treatment of Dr. Basatwar. As such none of the applicants was, in fact, present and therefore it is apparent that they have been falsely implicated in the matter.