Decided on May 05,2017

Mrs. Kailashben Mahendrabhai Patel Appellant


K.K.SONAWANE,J. - (1.) The applicants moved the present application invoking the remedy under Section 482 of the Cr.P.C., with the following prayer :- "(B) That the FIR registered in connection with Crime No. 81 of 2013 registered in Sadar Bazar Police Station, Jalna, under Section 498(A), 323, 504, 506 r/w. Section 34 of Indian Penal Code against the applicants be quashed and set aside, (B-A) That the Charge sheet filed under Section 173 of Criminal Procedure Code in connection with Crime No. 81 of 2013 registered in Sadar Bazar Police Statino, Jalna under Section 498(A),323,504, 506 r/w. Section 34 of Indian Penal Code against the applicants before the learned Chief Judicial Magistrate, Jalna on 30/7/2013 be quashed and set aside."
(2.) The genesis of the application, culled out in brief is that, the first informant Nimisha w/o. Niraj Patel, approached to the police of Sadar Bazar police station and filed FIR alleging that her marriage was solemnized in the year 2002 with the husband - Mr. Niraj Patel r/o. Karamsad, District Anand, Gujarat State in the year 2002 and after the marriage, she joined the company of husband at matrimonial home for cohabitation. She begotten one daughter Jinal and Son Wansh, during the wedlock from husband Niraj. Her mother-in- law, Shobhana Ben, passed away long back when her husband was 2/3 years old. Thereafter, her father-in-law, i.e. applicant No.3 Mahendrabhai Patel performed second marriage with applicant No.1 Kailashben. Applicant No.2 Rahul is the son of spouses - applicant No.1 Kailashben and applicant No.3 Mahendrabhai and step-brother of husband of first informant Nimisha. There was a wholesale and retail business of tobacco of applicant No.3 Mahendrabhai at Mumbai and the Niraj - husband of first informant, used to look after the entire affairs of the business. The {3} first informant, Nimisha was residing with husband Niraj at Mumbai for education of her children. According to first informant, when she gave birth to daughter Jinal in the hospital at Jalna, her mother-in-law i.e. Applicant No.1 Kailashben came to the hospital to see the daughter-in-law i.e. first informant Nimisha. At that time, applicant No.1 scolded the first informant Nimisha and reprimanded that she would not accept first informant Nimisha as she had given birth to the female child. She also exhorted that no share in the property will be given to herself and her husband Niraj and she refused to give the keys of locker containing gold and silver ornaments. Applicant No.1 Kailashben picked up quarrel with the first informant and her parents/brother etc. Thereafter, the applicants straightway went away directly from the hospital. It has been further alleged that after 2/4 months, the first informant had been to her matrimonial home at Mumbai with her brother. But, the applicant No.1 Kailashben and applicant No.3 Mahendrabhai Patel did not allow her brother to enter into the house and told him to take the sister back to his house. The applicants also hurled abuses to the brother of the first informant. The hapless brother returned to home leaving the sister Nimisha at matrimonial home in Mumbai. The first informant grumbled that she was being harassed and ill-treated by the applicants on one or other pretext. The applicants were not giving sufficient food. They used to assault and torture the first informant. It has been alleged that prior to 4 years when she had given birth to son - Wansh, at that time also, applicant Nos. 1 and 2 visited her at Jalna and raised quarrels with the parents and brother of first informant. The applicants given threats {4} that even though she had delivered the son, she would not get any share in the property. They gave threats of dire consequences and went away. The applicant No.2 Rahul also tortured and harassed the first informant Nimisha mentally and physically. They did not allow the husband of first informant to look after the business affairs. The applicant No.2 Rahul by making her forged signature taken out the school leaving certificate of her daughter and created hurdles in her education. There was continuous mental and physical torture to the first informant on the part of applicants. When the first informant was at her matrimonial home located in Karamsad, District Anand, at that time also, the applicants picked up quarrel with herself and her husband. Applicant No.4 Vijay Patel Munim of applicant No.2 had given threats of life to the first informant. Eventually, the first informant Nimisha and her husband left the house of the applicants and came to Jalna for residence owing to lack of security. Thereafter, she approached to the Sadar Bazar police station and preferred the impugned FIR for the charges of mental and physical cruelty, criminal intimation, illegal demand of money etc. against the applicants.
(3.) Pursuant to FIR, the police of Sadar Bazar police station registered the crime No. 81 of 2013 and set the criminal law in motion. I.O. recorded the statements of witnesses acquainted with facts of the case. I.O. collected relevant documents. Meanwhile, applicants filed the present application under Section 482 of Cr.P.C. and prayed to quash and set aside the impugned FIR filed by first informant Nimisha Patel. Pending the present {5} application, I.O. Preferred the charge sheet against the applicants before learned Magistrate at Jalna and, therefore, by requisite amendment, applicants prayed for quashing and setting aside the charge sheet filed against them before the learned Magistrate at Jalna.;

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