BABASHEB NARAYAN NAIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally, with the consent of learned counsel appearing for the parties.

(2.) The petitioners-original accused preferred petition under Section 482 of the Code of Criminal Procedure seeking relief to quash and set aside First Information Report (FIR) bearing Crime No. I-334 of 2018 registered at Shrirampur City Police Station, District Ahmednagar, for the offences punishable under Sections 143, 147, 148, 452, 327, 427, 504 and 506 of Indian Penal Code and under Section 4/25 of Arms Act.

(3.) The prosecution case in short compass is that the Police recorded statement of the first informant - complainant Avinash Rangnath Bhokare, while taking medical treatment in the hospital. According to him, his son Amol and daughter-in-law Rupali were always quarreling with each other on account of domestic reasons. He always used to give understanding to them. He further added that on 19-10-2018 at about 7.00 hours, there was an altercation in between his son Amol and daughter-in-law Rupali on account of Devdarshan. After that, his son went to the field for watering the crops. The complainant himself, his wife and daughter-in-law were at house. At about 9.30 hours, all the petitioners-accused barged into house of complainant and asked for what reasons they were abusing the Rupali. The first informant and his wife Shivnanda made endeavour to give understanding to them. But, the accused Rushikesh assaulted his wife Shivnanda on her nose and forehead by means of weapon fighter. The accused Rajaram dealt a blow of weapon sickle on the head of his wife Shivnanda. The present petitioners namely, Mai Naik, Nandini Naik and daughter-in-law Rupali Bhokare attacked the Shivnanda with fist and kick blows by pulling her hair. The complainant made attempt to extricate his wife from the clutches of assailants, the accused Babasaheb and Balasaheb assaulted him with the help of stick. The son of complainant Amol rushed to the spot after hearing the commotion. But, the accused Narayan Shinde, Vinayak Dhole, Balasaheb Kolse and Dattatrya Naik abused and thrashed his son with stick etc. He was also beaten up by means of fists and kicks blows. According to complainant, the accused assailant gave threats of life in case of any more maltreatment to daughter Rupali. They had caused damage to the Television set etc. The petitioners namely Rushikesh and Nandini Naik forcibly snatched away the Mangasutra from the neck of his wife. The accused Rajaram Naik also taken away the amount of Rs. 15,000/- kept in the temple of the house. Thereafter, the assailant accused took the daughter-in-law Rupali with them.