1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.70/2010. 1) Ashvin s/o Dadarao Kamble and 6 others. - PETITIONERS VERSUS 1) Rama w/o Anil Dake & Anr. - RESPONDENTS ***** Mr.Mahesh P.Kale, Advocate for Petitioners; Mr.GV Mohekar, Advocate for Respondent No.1; Mr.KM Suryawanshi, APP for State. ----- CORAM : K.U.CHANDIWAL, J. DATE : 15th February, 2011. PER COURT : 1) Heard. Rule, returnable forthwith. By consent, heard finally. 2) Respondent No.1 – Rama married to Anil Dake, was not happy with the matrimonial tie, since she learnt that her husband was already a married person, she hurled accusations of beating, cruelty and in spite of knowledge of earlier marriage of her husband its concealment, filed a complaint before the learned Judicial Magistrate First Class, Ambejogai, seeking issuance of process under Sections 498-A, 420, 2 323, 504, 506 r/w 34 of the Indian Penal Code. 3) The learned JMFC, Ambejogai, by order dated 10/07/2009 issued process against the accused under Sections 323, 504, 506, 495 & 498A r/w 34 of IPC. Few of the accused/applicants questioned the legality of said order of issuance of process on the grounds, i) no event, as has been projected, has ever taken place; ii) the applicants/accused are not close relations of the respondent/wife to involve and attract the provisions of Section 498-A of IPC. It is pointed that Smt. Vrundavani (petitioner no.7) was a mediator in the marriage, not related to either the husband or the wife, while Pradeep Khillare (petitioner no.6) was a driver, who transported the complainant/respondent no.1 at the material time and he has been implicated. 4) The learned Counsel for the respondent- wife has placed reliance to the judgment in the matter of V.K.Jain and Ors. Vs. Pratap V. Padode and Anr, reported in 2005 (3) Mh.L.J. 778. In the said case, proceeding were sought to be quashed in terms of Section 482 Cr.P.C. and the Court considered the provisions of Section 397 of Cr.P.C. and consequently directed that efficacious remedy of preferring a revision before the Sessions Court against the order of 3 issuance of process should have been adopted. The observation of the learned Single Judge was restricted to the facts of the said case and need not be taken into consideration for the present affairs as the facts of the present case are quite distinct and different. 5) Ashwin Kamble (petitioner no.1), is son of maternal uncle; Dadarao Kamble (petitioner no. 2) is a Professor at Latur, he is also a maternal uncle. Ashwin is son of maternal uncle Shivraj Kamble, is a distant relative; Vandana Kamble (petitioner no.4) is sister, she resides at Pathri; Prakash Jangale (petitioner no.5) is police Head Constable, is brother Sumitra resides at Purna. 6) Reading the complaint as a whole, sweeping allegations are made against these petitioners/accused, having barged at the house of the complainant at the matrimonial house of the complainant, she was abused, threatened not to disclose the earlier marriage of her husband Anil Dake to anybody else and if she disclose, face severe consequences. 7) Reading the entire text of the complaint, it is explicit, Vrundavani, the mediator, or Pradeep, the driver, have nothing to 4 do with the interse feud between the couple or other relations. The threats exerted by the petitioners to douse her and immolate, is not reflected from any of the petitioners, it was between the complainant and her husband, and particularly in-laws. 8) Survey of the complaint illustrate, stray allegations are made, without any nexus to connect any of the petitioners to the so-called infraction of penal provisions. The prosecution is indeed a persecution to wreck vengeance of her marriage with Anil, her husband and to create pressure upon the in-laws. The prosecution being a vendetta in itself, cannot be further allowed to be perpetuated. Consequently, the proceedings to the extent of the petitioners are quashed and set aside. 9) The Criminal Revision is allowed to the extent indicated above. ( K.U.CHANDIWAL ) JUDGE 1 bdv/