1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 932 OF 2009 Rukhminibai w/o. Keshav Sable, R/o. Arihant Nagar, Jawahar Nagar, Aurangabad and others ....Petitioners. Versus State of Maharasthra and another ....Respondents. Smt. C.E. Gaikwad, Advocate for petitioners. Shri. K.M. Suryawanshi, A.P.P. for respondent No. 1. Shri. M.V. Ghatge, Advocate for respondent No. 2. CORAM : P.R. BORKAR, J. DATE : 21st January, 2010 PER COURT : 1. Heard Smt. C.E. Gaikwad, Advocate for petitioners. This is a petition filed for quashing of F.I.R. dated 6/8/2009 in Crime No.I-30/2009, registered at Jawahar Nagar Police Station, Aurangabad. 2. The respondent No. 2 SAnita is wife of original accused No. 1 Raju Sable, who is not a party to this petition. However, petitioner Nos. 1 and 4 are parents of Raju Sable, petitioner Nos. 2 and 3 are sisters of Raju 2 Sable, petitioner No. 5 is brother-in-law of Raju and petitioner No. 6 is said to be family friend of Raju. Respondent No. 2 Anita has lodged F.I.R. on 6.8.2009, alleging that on 5.8.2009 she was driven out of the house for bringing Rs. five lacs. So on 6.8.2009 along with her sisters, mother, brother's wife, brother's mother-in-law, she went to the house of her husband. At that time, Raju Sable and all petitioners were present. When the relatives of respondent No. 2 were attempting to pursuade Raju Sable and others for receiving the respondent No. 2 Anita, at that time Raju Sable gave blow of iron rod on the head of mother of respondent No. 2. Kalpana, sister of respondent no. 2, tried to intervene. She was also injured by original accused No. 1 Raju on head. Respondent No. 2 Anita was injured by petitioner No. 4 Keshav. Petitioner Nos. 2, 3 and 4 have also beaten her with kicks and its blows. Petitioner No. 6 has also injured mother of respondent No. 2 by some sharp weapon. As a result, respondent No. 2, her sister Panchashila Jadhav, brother's wife Alka Dabhade and her mother were injured. So she lodged complaint at Jawahar Nagar Police Station which was registered as Crime No. I-30/09. The crime was registered at about 3.00 p.m. 3. On the same day, original accused No. 1 Raju also lodged complaint against Anita, her sisters and mother for committing the offences punishable under sections 143, 147, 323, 452, 504 and 506 r/w. 149 of I.P.C. So the allegations made clearly indicates that brother, parents of Raju were present at the house. So some incident did take 3 place. The medical certificates of respondent No. 2 Anita, her sisters Kalpana and Panchashila are produced on record. It is argued before me that there is sufficient evidence to show that weapons used by the petitioners were dangerous weapons and the offence punishable under section 326 of I.P.C. should be considered at the time of framing of evidence and charge. 4. At this stage, considering the evidence produced on record, I am of the opinion that this is not a case where a discretion can be used to quash the F.I.R. Hence, the writ petition is dismissed. [ P.R. BORKAR, J. ] ssc/criwp932.09