Tuesday, July 30, 2013

78yr old parents +48yr sis-inlaw run to quash 498a! NO RELIEF SENIORS; Only quash fr sis in law!! 9+ mnths 498a! Marriage 28th Jan 2012 ; SECOND marriage for husband ; Ablaa naari wife leaves matri home 2nd Aug 12 ; 498a 05th Oct 12! ; 498a ALSO on elderly father 78 years old , elderly mother 72 years old, middle aged sister in law 48 years old ; MARRIED sister in law ALWAYS living completely in a different house !! all run for quash. Sis in law gets quash !! Bombay HC Tazaa case !! Tazaa case !! .... important learnings !!

78yr old parents +48yr sis-inlaw run to quash 498a! NO RELIEF SENIORS; Only quash fr sis in law!!  9+ mnths 498a! Marriage 28th Jan 2012 ; SECOND marriage for husband ; Ablaa naari wife leaves matri home 2nd Aug 12 ; 498a 05th Oct 12! ; 498a ALSO on elderly father 78 years old , elderly mother 72 years old, middle aged sister in law 48 years old ; MARRIED sister in law ALWAYS living completely in a different house !! all run for quash. Sis in law gets quash !! Bombay  HC Tazaa case !! Tazaa case !! .... important learnings !!




Learnings / notes
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* Marriage on 28th Jan 2012
* SECOND marriage for husband
* Ablaa naari wife leaves matrimonial house on 2nd August, 2012
* 498a on 05th October 2012 !
* 498a ALSO on elderly father - 78 years old , elderly mother - 72 years old, middle aged sister in law - 48 years old
* MARRIED sister in law ALWAYS living completely in a different house
* On the basis of this complaint, police station, Nigdi registered F.I.R. being Crime No.265/2012 for offences punishable under Sections 420, 498(A), 504, 506(2) against all petitioners
* now HC says the parents (elders) are to got to the trial court (say JM or MM court only ) - see para 2
* sis in law's case taken 
* there is NOTHING to prove that sis in law, ALWAYS living away , did anything to ablaa naari wife 
* HC quashes case against sis in law alone !!


* so as of date of this blog post the rest ...husband and co are still running to lower courts
* NO punishment for the police who have filed a case on ALL 
* NO guess on the lawyer fee and pain in getting just one small quash !!

* one is left wondering as to why MEN still marry in this country .... ok I'm one of the sinners so ..... 


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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

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CASE FROM JUDIS DOT NIC DOT IN SITE 
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO.4064 OF 2012

1. Chintaman Govind Chakradev  ]
Age: 78 years, Senior Citizen,  ]
Occupation : Retired, Presently  ]
residing at C/o. Ganesh M. Ghone,  ]
S. N. 74/313, Flat No.2, Chandrai  ]
Spandan, Near Narayani Dham,  ]
Katraj, Pune – 411 046.  ]
]
2. Sulbha Chintaman Chakradav,  ]
Age: 70 years, Senior Citizen,  ]
Occupation : Housewife, Presently  ]
residing at C/o. Ganesh M. Ghone,  ]
S. N. 74/313, Flat No.2, Chandrai  ]
Spandan, Near Narayani Dham,  ]
Katraj, Pune – 411 046.  ]

3. Anurdha Anil Shasrabuddhe,  ]
Age: 48 years, Occupation  ]
Housewife, Residing at: Hill  ]
View Society, Row House No.39,  ]
Manikanchan, Katraj, Pune.  ] ..Petitioners.

V/s.

1. The State of Maharashtra  ]
(Through the Nigdi police Station)  ]
]
2. Shraddha Girish Chakradev,  ]
Age: 27 years, Occupation: Teacher  ]
Residing at Sarveshwar Krupa Bungalow  ]
Plot No.538, Near Someshwar Mandir.  ]
Kachghar Chowk, Pradhikaran,  ]
Nigdi, District Pune.  ] ..Respondents.

Mr. Satyavrat Joshi for the petitioner.

Mrs. S.V. Sonawane, A.P.P. for the State.

Mr. Vijay Killedar for the respondent No.2.

CORAM : S.C.DHARMADHIKARI AND S.B.SHUKRE, JJ.

JUDGMENT RESERVED ON : 3RD JULY, 2013

JUDGMENT PRONOUNCED ON : 12TH JULY, 2013

JUDGMENT (PER S.B. SHUKRE, J.)

1. By this petition, the petitioners have prayed for quashing of the F.I.R. being C.R. No.265/2012 registered against them at police station, Nigdi, Pune and the criminal proceedings initiated against them as a result of the said F.I.R.

2. On the last date of hearing i.e. 3rd July, 2013, learned counsel for petitioner Nos.1 & 2, upon instructions, made a statement that these petitioners would apply to the trial Court for seeking their discharge from the case and submitted his argument seeking quashing of the F.I.R. and consequently, the criminal proceedings as against the petitioner No.3 only. Accordingly, Rule was issued and petition, with the consent of parties, was heard finally at the stage of admission, as noted in our order passed on 3rd July, 2013.

3. Heard Shri Satyavrat Joshi, learned counsel for the petitioners, Mrs. Sonawane, learned A.P.P. for the State and Mr. Vijay Killedar, learned counsel for the respondent No.3.

4. The marriage of respondent No.3 was solemnized with one Girish Chintaman Chakradev, the son of petitioner Nos.1 & 2 and brother of petitioner No.3 on 28th January, 2012 and thereafter, respondent No.3 started co-habiting with Girish at Nigdi, Pune. In the matrimonial house along with Girish and respondent No.2, petitioner Nos.1 & 2 also used to reside. Soon after the marriage, it is alleged, Girish started harassing respondent No.2. It has been alleged by the respondent No.2 that Girish used to demand from her an amount of Rs.25 lakhs to enable him to undertake a journey to Germany and upon failure of the respondent No.2 to arrange for funds, he used to subject her to beating and humiliation. It has also been alleged by respondent No.2 that her husband Girish was a divorcee, but this fact was suppressed by him from her at the time of her marriage. According to the respondent No.2, petitioner Nos.1 & 2 also used to take sides with her husband Girish in his abusive conduct towards her. On 2nd August, 2012, it is alleged, she was forced to leave her matrimonial house by her husband and, therefore, she came to her maternal place. On 5th October, 2012, she lodged a complaint against the petitioners with police station, Nigdi, Pune narrating the illtreatment and harassment meted out to her by her husband and the petitioners.

5. On the basis of this complaint, police station, Nigdi registered F.I.R. being Crime No.265/2012 for offences punishable under Sections 420, 498(A), 504, 506(2) of the Indian Penal Code against all petitioners and carried out investigation. 6. Learned counsel for the petitioner No.3 has submitted that there is not even a whisper of allegation against the petitioner No.3 in the complaint filed with police station, Nigdi by respondent No.2. He has further submitted that whatever allegations are there, they are all against the husband of the respondent No.2 and to an extent against petitioner Nos.1 & 2. Therefore, learned counsel argues that there

............. full case at ......... (link below)



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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist