RAGHUNATH UDELAL MAHALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule is made returnable forthwith. Matter is taken up for finality with the consent of learned counsel for parties.

(2.) The applicants preferred present application under Sec. 482 of the Code of Criminal Procedure ( Crimial P.C. ) seeking relief to quash and set aside the First Information Report ( FIR ) bearing Crime No.229/2018 registered at Dhule Taluka Police Station, for the offence punishable under Sections 442, 323, 504, 506, 427 r/w. 34 of the Indian Penal Code ( Penal Code ); as well as the proceeding of Charge Sheet bearing No. 268 of 2018 filed pursuant to the investigation of the aforesaid crime.

(3.) It is the case of the prosecution that the first informant Sau. Lalita Mahale on 31.7.2018, approached to the police of Dhule Taluka Police Station and filed report that the applicants are her distant relatives and residing in the same village Chaugaon, Taluka and District Dhule. There were strain relations in between the family of the first informant and the applicants on account of dispute of pathway from the Bandh of agricultural land. It has been contended that the agricultural land of the first informant was located adjoining to the land of the applicants and on account of Bandh, there were frequent quarrels in between the family of the first informant and the accused. It has been alleged that prior to 5-6 months of the incident, the applicant Raghunath allowed his buffaloes for grazing in the land of the first informant and caused damage to the onion crop. There was altercation in between the first informant and the applicants, which resulted into filing a criminal complaint to the police and the matter is pending before the learned Magistrate at Dhule. According to first informant, the applicants on one or the other pretext used to pick up quarrels with the family members of first informant, but, being adjoining land owners, the family members of the first informant did not pay any attention to the quarrelsome conduct of the applicants. The first informant further alleged that on 29.7.2018, her husband had gone out of station. She was doing the agricultural operation in her land. At that time, the applicant Raghunath and other applicants were also doing agricultural work in their land. At about 4.30 to 5.00 p.m. when the first informant was busy in agricultural operation, that time, the applicant Uttam suddenly appeared on the back side of the first informant and he caught hold to her. The first informant became frightened and yelled for help. She pushed the applicant Uttam back. On hearing shouts of the first informant, the other applicants also rushed to the scene of occurrence. The applicant Raghunath exhorted to kill the first informant as she was not ready to withdraw the proceeding filed in the court. The other applicants started jostling the first informant and hurled abuses. The applicant - Raghunath assaulted the first informant with stick and uttered filthy words by pulling her saree. The applicant Bhagesh attempted to outrage the modesty of the first informant by pressing her breast. They all gave threats of life to the first informant. Meanwhile, the adjoining land owners intervened in the scuffle and they extricated the first informant from the clutches of the applicant. It has been alleged that the clothes of the first informant were torn in the fight. The bangles and chain beads from her neck were broken on the spot. Thereafter, the first informant visited to the concerned police and filed the report. Pursuant to the report, the police of Dhule Taluka P.S. registered the crime and set the penal law in motion.