is in Domestic Violence case as also in Criminal Complaint
Case, the complainant – nonapplicant No. 2 has joined her
husband, his parents as party respondents. Along with them,
the present applicants who are not relatives of husband have
also been impleaded. He points out that as per allegations,
applicant No. 4 is alleged to be having extra marital relations
with her husband and applicant Nos. 1 & 2 are her parents.
Applicant No. 3 is her married sister while applicant No. 4 is
her married brother. He also states that nonapplicant
nowhere pleads that her husband has been staying with the
applicants and she has been staying with her husband as a part
of their family.
The provisions of Section 498A of Indian Penal
Code as also the provisions of Protection of Women from
Domestic Violence Act, 2005, contemplate action against the
husband and his relatives. It is obvious that the applicants do
not fall in that category.
8. In this situation, cognizance of Domestic Violence
Case No. 254 of 2014 or then Criminal Complaint Case No.
120 of 2015 and FIR registered vide Crime No. 125 of 2015 as
against the applicants is unsustainable. Therefore, we quash
and set aside the cognizance already taken to that extent.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH
CRIMINAL APPLICATION (APL) NO. 712 OF 2015
Maroti s/o Domaji Ramteke,
V
State of Maharashtra
CORAM : B.P. DHARMADHIKARI &
V.M. DESHPANDE, JJ.
FEBRUARY 15, 2016.
Citation:2016 ALLMR(CRI) 4232
Heard Shri Patil, learned counsel for the
applicants, Shri Thakare, learned APP for nonapplicant No. 1
and Smt. Deshpande, learned counsel for nonapplicant No. 2.
2. The prayer of five applicants before this Court in
present matter is to quash and set aside Domestic Violence
Case No. 254 of 2014 pending on the file of the Chief Judicial
Magistrate, Amravati and Criminal Complaint Case No. 120 of
2015, also pending before the very same Court.
3. This Court has on 07.10.2015, while issuing notice
in the matter, stayed the proceedings in both matters.
4. The short submission of Shri Patil, learned counsel,
is in Domestic Violence case as also in Criminal Complaint
Case, the complainant – nonapplicant No. 2 has joined her
husband, his parents as party respondents. Along with them,
the present applicants who are not relatives of husband have
also been impleaded. He points out that as per allegations,
applicant No. 4 is alleged to be having extra marital relations
with her husband and applicant Nos. 1 & 2 are her parents.
Applicant No. 3 is her married sister while applicant No. 4 is
her married brother. He also states that nonapplicant
nowhere pleads that her husband has been staying with the
applicants and she has been staying with her husband as a part
of their family.
5. The learned APP submits that on the basis of
complaint as filed, appropriate steps have been taken. He is
relying upon reply affidavit.
6. Smt. Deshpande, learned counsel for respondent
No. 2 is also relying upon the reply affidavit. She submits that
relations between her husband and applicant No. 4 can be
proved at appropriate juncture in the proceedings before the
lower court.
7. The provisions of Section 498A of Indian Penal
Code as also the provisions of Protection of Women from
Domestic Violence Act, 2005, contemplate action against the
husband and his relatives. It is obvious that the applicants do
not fall in that category.
8. In this situation, cognizance of Domestic Violence
Case No. 254 of 2014 or then Criminal Complaint Case No.
120 of 2015 and FIR registered vide Crime No. 125 of 2015 as
against the applicants is unsustainable. Therefore, we quash
and set aside the cognizance already taken to that extent.
9. Accordingly, we make the rule absolute in terms of
prayer clauses (a) and (b) of the application qua these
applicants. Criminal Application is partly allowed and
disposed of.
10. Needless to mention that the proceedings can
continue against the husband and his parents.
No comments:
Post a Comment