1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 1174 OF 2009 Latabai W/o Bhagwantrao Savant and others Versus State of Maharashtra and another *** Mr. M. V. Ghadage, Advocate i/b Mr. B. N. Gadegaonkar, Advocate for the Applicant. Mr. D. R. Korde, A.P.P. for the Respondent/ State. Mr. S. G. Chincholkar, Advocate for Respondent No. 2. *** 1. Heard learned counsel for the respective parties. Rule. By their consent, the matter is finally heard. 2. The matrimonial restraints has made the wife to rush to police against her relations - husband, in- laws and others. 3. Present application is made by the three married sisters of the husband, by friend (Dilip), by brothers of mother-in-law (Digambar and Vishwambhar) and by Bhagiratibai, sister of mother- in-law of the Applicant Smt. Varsha. W/o Vyankatrao Kadam. 4. The matrimonial relations of Varsha, marrying Venkatrao on 15th May, 2007 is not in controversy. Varsha feels that her relations have, on account of 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. non-compliance of demand of dowry and demand of Rs.50,000/- for purchasing motorcycle, have harassed her, intimidated and humiliated her, causing a sort of cruelty. 5. As stated earlier, present petition is by the three married sisters. The role attributed to them is whenever these three sisters reached parental house, used to taunt said Varsha that her father has not given a locket and other items as was required and she is a domestic-maid and they were harassing. The simple allegation is that they were harassing and taunt her as a domestic maid. In the light of definition of section 498-A, 504, 506 no such ingredients, apparently reading the F.I.R., could be said to be made against these sisters. 6. Then comes applicant No.5 Digambar, applicant No.6 Vishwambar and applicant No.7 Bhagirathibai. They allegedly came to the matrimonial home of Varsha and apprised her not to live in the matrimonial home as she is not a fortunate to the family, she is a bad omen. These allegations too will not be bringing even prima facie or otherwise the ingredients as contemplated under section 498-A of the IPC. 7. Then comes the case of Applicant No.4 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Dilipchand. He is friend of father-in-law. He has allegedly intimidated the father-in-law. Section 503 of IPC defines Criminal Intimidation to mean whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. 8. Taking recourse to above definition, the ingredients of causing any injury to his person, reputation or property is not surfacing. The threat should be with an intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, is also primarily not indicative. Having recourse to all these aspects, I find that the prosecution is to create an oppression to the family members of Venkatrao to settle the score with Varsha of her matrimonial matters. The allegations as stated earlier are absurd and inherently improbable for a Court to reach a just 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. conclusion that there is sufficient ground for proceeding against the applicants/ accused. In the situation, the application is allowed. Rule is made absolute. The proceeding, to the extent of above applicants is quashed and set aside. [K. U. CHANDIWAL, J.] Dated:04/09/2009. ans/1174