RAVI BALRAM AGALDIVATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. The Rule is made returnable forthwith. Heard finally with the consent of learned advocate for the applicants and the learned APP.

(2.) This is an application under section 482 of the Criminal Procedure Code, 1973 seeking quashment of FIR bearing No.155 of 2017, dated 28.05.2017, registered with Nanded Airport Police Station for the offence punishable under Section 306 read with 34 of Indian Penal Code against all the applicants.

(3.) In sum and substance, the allegations in the FIR are to the effect that the deceased Madhukar Ramchandra Kambale was the husband of applicant No.3. Applicant Nos.1 and 2 are brothers of applicant No.3. Respondent No.2, who has not put appearance inspite of service of the notice, is the brother of the deceased. On 18.05.2017, the deceased along with the applicants attended the marriage at Mumbai. The marriage was that of a cousin brother of the applicants. During the marriage, deceased Madhukar requested his wife - applicant No.3 to dance with him in the procession, but she refused to dance. On the next day, i.e. on 19.05.2017 the applicants and deceased Madhukar came to Solapur, which is a native place of the applicants. When he asked applicant No.3 to tie up her bag for going to Nanded, applicant No.1 asked her to untie the bag and threatened her that else he would kill her. When deceased Madhukar started going to Nanded, applicant No.1 beaten him. On 21.05.2017, Madhukar made a phone call from Nanded to applicant No.2 saying that it was a day of his marriage anniversary and he wanted to talk to applicant No.3. He was told that she had gone for answering nature's call. Later on, applicant No.1 made a phone call to him and abused him in filthy language. Applicant No.3 also told him that she will not come down to Nanded for another 45 days.