1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5115 OF 2009 1. Vaishali Ganesh Kamble, 2. Shri Ganesh Shivaji Kamble, 3. Satyabhama Shivaji Kamble, 4. Pinky Shivaji Kamble, 5. Varsha Ashok Kamble, 6. Smt.Lata Rajaram Pawar, 7. Vrushali Vilas Manchekar ...Applicants vs. The State of Maharashtra ...Respondent Mr.Ashish S. Gaikwad and Ms.Shubhangi A. Sherekar for the Applicants. Mr.J.P. Kharge, APP for the State. CORAM : V.M. KANADE, J. DATED : NOVEMBER 19, 2009 P.C. :- 1 Heard Counsel for the applicants and APP for the State. 2 2 All the applicants except applicant no.2 are women and are residing in a co-operative society which is known as Sunder Nagar SRA Housing Society situated at Dadar (West), Mumbai. It appears that there is a dispute between the two families who are residing on the same floor in the same building. The applicants initially had filed NC complaint against the complainant herein on 28th September, 2009. Thereafter, another NC complaint was lodged by the applicants on 29th October, 2009 for the offences punishable under Sections 323, 504, 506 of the IPC. The dispute between the two families started on trivial grounds. According to the applicant, complainant - Sneha Shahasani had abused her son since she suspected that the rangoli which was drawn in front of the house was defaced by the son. Thereafter, it was alleged that somebody from the applicant s family had broken the garland on the door of the house of the original complainant. After the second NC complaint was lodged, according to the applicants herein, the original complainant 3 threatened them and told that she being a practising Advocate would file similar cases against the applicants herein. According to the applicants, the complainant went in the house and cut her hand and inflicted wounds on herself and thereafter, alleged that the applicants had assaulted her and her mother with fist blows and other weapon i.e. knife. Thereafter, she went to the police station and asked the police to register the offence under Section 307 of the IPC. The police, however, refused to register the offence under Section 307 since the complainant did not submit the medical papers to the police officers for verification and thereafter, the complaint was filed before the Magistrate vide Misc. Application No.32/2009. The learned Magistrate was pleased to pass an order under Section 156(3) of the Cr.P.C. and thereafter, the police registered an FIR vide MECR No.3/2009. 3 Counsel for the applicants invited my attention to several complaints which have been 4 lodged against the complainant and her two sisters. He submitted that the complainant and her sisters were in the habit of filing false and fabricated complaints. He submitted that as many as 12 non- cognizable cases have been registered against them and three other cases were registered for various offences between 1999 and 2000. He submitted that the chapter cases are also filed against the complainant herein. 4 The learned APP was asked to produce medical papers and he has produced the Injury Certificate. The Injury Certificate discloses that the doctor has given an opinion that the injuries are simple in nature and the complainant could have sustained those injuries as a result of pulling of hair and assault during scuffle. The injuries, therefore, in my view, appear to be simple in nature. Taking into consideration these facts, it appears that on account of trivial matters, neighbors living in the same society had a scuffle 5 which ultimately resulted in the complainant who is a practising Advocate filing a private complaint before the Magistrate. The applicants have already filed NC complaints against the complainant herein and the applicants are married. In these peculiar circumstances, therefore, in my view, the custodial interrogation of the applicants is not required. 6 The applicants, therefore, in the event of their arrest in connection with MECR No.3/2009 registered with Dadar Police Station for the offences punishable under Section 120B, 143, 146, 149, 326, 307, 341, 380, 383, 448, 451, 452, 504, 506(2) of the IPC, be released on bail on execution of Personal Bond of Rs.5000/- each. They shall report to the concerned police station as and when necessary. 7 Application is disposed of. (V.M. KANADE, J.)