JUDGEMENT
B.R.GAVAI,J. -
(1.)Leave granted.
(2.)The present appeal challenges the final judgment and order dtd. 23/1/2020 passed in Criminal Application
859 of 2019, vide which the learned Division Bench of the High Court of Judicature at Bombay at Aurangabad dismissed the
application under Sec. 482 of the Code of Criminal
Procedure, 1973("CrPC" hereinafter) for quashing and setting aside the First
Information Report("FIR" hereinafter) No. 339 of 2018 dtd. 6/11/2018
registered with Shivaji Nagar Police Station, Latur for offences
punishable under Ss. 498-A, 312, 313 and 34 of the
Indian Penal Code, 1860("IPC" hereinafter) filed against the husband of the
complainant-Madhav Suryawanshi and the present
appellants-Digambar Suryawanshi (Appellant No. 1) and
Kashibai Suryawanshi (Appellant No. 2) (Parents-in-law of the
complainant)
(3.)Shorn of details, the facts leading up to the present appeal are as under:
3.1. As per the FIR, the complainant and Madhav Suryawanshi (Son of the appellants) were married on 26/3/2006. Two daughters were born out of the wedlock. After the birth of the second daughter in 2011, the complainant's husband and the appellants demanded a son from her. They berated her and insulted her and inflicted physical and mental cruelty, stating that she was giving birth to only daughters. Due to the ill-treatment, she began residing separately from the month of February 2018. It was further alleged that the appellants used to instigate their son (Husband of the complainant) against the complainant. He would beat her citing the reason that she was not giving birth to a male child.
3.2. It is further alleged in the FIR that, on 28/11/2016, the appellants along with the complainant's husband visited her in Latur. The appellants asked the complainant to eat a meal prepared by them, which she refused to consume initially. However, they coerced her to eat it despite her protests. On the next day, she had stomach pain in the morning, and she started bleeding. This led to her baby being aborted in her womb. On 5/12/2016, she visited the doctor along with her sisters and it was discovered that a piece of the foetus is still in her womb, and she was treated for the same. Based on these facts, alleging about the forced abortion and physical and mental cruelty, the complaint was made.
3.3. The appellants along with their son filed a criminal application under Sec. 482 of the Cr.P.C. praying for quashing and setting aside of the FIR No. 339 of 2018 before the High Court.
3.4. During its pendency, the Family Court at Latur vide order dtd. 20/5/2019 granted a decree of Divorce by mutual consent and dissolved the marriage between the complainant and the son of the appellants.
3.5. The High Court, vide impugned judgment and final order dtd. 23/1/2020 dismissed the application filed under Sec. 482 of Cr.P.C. for quashing of the FIR No. 339 of 2018.
3.6. Being aggrieved thereby, the present appeal was filed. Notice was issued by this Court vide order dtd. 2/6/2020. During the pendency of the matter, the chargesheet came to be filed on 8/2/2021.
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