1 Cri.W.P. No.311/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.311 OF 2011 1. Dhananjay s/o Shivkumar Ghongade, Age 27 years, Occ. Nil, R/o S.T. Quarters, Qtr. No.D-49, Champak Building, Bhagyanagar, Aurangabad. 2. Miss Pooja Shivkumar Ghongade, Age 20 years, Occ. Education, R/o C/o Madhukarappa Shridharappa Loharkar, Sawata Chowk, Sangmeshwar,Malegaon, District Nashik. 3. Mrs. Kojagiri @ Ujwala w/o Sandip Loharkar, Age 29 years, Occ. Household, R/o Sawata Chowk, Sangameshwar, Malegaon, District Nashik. 4. Mrs. Tejaswini w/o Suyog Hingmire, Age 21 years, Occ. Household, R/o Karjat, District Raigad. 5. Shivkumar s/o Chandrakant Ghongade, Age 54 years, Occ. Service, R/o S.T. Quarters, Qtr. No.D-49, Champak Building, Bhagyanagar, Aurangabad. 6. Chandrakant s/o Ganpat Ghongade, Age 86 years,Occ.Nil, R/o Ganesh Provision Stores, Mumbai Bazar, Ghodnadi Shirur, District Pune. ... PETITIONERS VERSUS 2 Cri.W.P. No.311/2011 1. The State of Maharashtra through Police Station Officer, Tofkhana Police Station, Ahmednagar (Copy to be served on Public Prosecutor, High Court of Judicature at Bombay, Bench at Aurangabad. 2. Priyanka Dhananjay Ghongade, Age 19 years, Occ. Household, R/o C/o Umesh Uttereshwar Gadve, R/o Kapse Lane, Adva Rasta, Barshi, District Solapur. ... RESPONDENTS ..... Shri N.V. Gaware, Advocate for petitioners Mrs. R.K. Ladda,A.P.P. for respondent No.1 Shri V.S. Tanwade, Advocate for respondent No.2 ..... CORAM : U.D. SALVI, J. DATED : 7th December, 2011. ORAL JUDGMENT : 1. Heard. Perused. Rule. Rule made returnable forthwith and taken up for final hearing by mutual consent of parties. 2. It is the petitioners’ case that, the further proceedings on registration of the Crime No.I-269/2010, dated 9.9.2010, under Sections 498-A, 323 read with Section 34 of the Indian Penal Code with Tofkhana Police Station, Ahmednagar is abuse of the process of law for the reason that the allegations made do not spell out the offences alleged except the allegations made against the petitioner/ 3 Cri.W.P. No.311/2011 accused No.1. Dhananjay s/o Shivkumar Ghongade, the husband of the complainant Priyanka. 3. The crime in question was registered upon the complaint made by Priyanka Ghongade. She alleged that, she was married to the petitioner No.1, son of petitioner No.5 on 9.6.2010 and her father had to shell out Rs.2 Lakhs and two tolas of gold as a dowry and had to spend for household material. She further revealed in her complaint that her sisters-in-law, the petitioner Nos. 2 to 4 used to tell lies to the petitioner No.1 to impress upon him that she was not suitable and they had in view a beautiful girl belonging to materially affluent family as a suitable wife, and she was ill-omened and she was criticizing the family members and calling them mentally ill persons. The complainant further grieved that the petitioner No.1 – her husband made allegations of she having illicit relations with someone at Barshi and had also demanded Rs.25 Lakhs for business from her parents. As regards petitioner No.5 Shivkumar s/o Chandrakant Ghongade and petitioner No.6 Chandrakant s/o Ganpat Ghongade, the complainant revealed in her complaint that both of them had taken a passive attitude when her father had complained against the petitioner No.1 with them about his monetary demand. 4 Cri.W.P. No.311/2011 4. Now the charge sheet has been filed. However, the statements of the witnesses do not reveal any material in addition to what is revealed in the complaint made by the respondent No.2 Priyanka Dhananjay Ghongade. 5. Prima facie, for the purposes of this petition, one can say that there is enough material to spell out culpability against the petitioner Nos.1 to 4. However, there is nothing as against petitioner No.5 Shivkumar s/o Chandrakant Ghongade and petitioner No.6 Chandrakant s/o Ganpat Ghongade. Mr. V.S. Tanwade, learned Advocate for respondent No.2 was not in a position to point out any material worthy of spelling out an offence against petitioner Nos.5 and 6. The further proceedings pursuant to the registration of Crime No.I-269/2010, dated 9.9.2010, under Sections 498-A, 323 read with Section 34 of the Indian Penal Code, registered with Tofkhana Police Station, Ahmednagar and consequent charge sheet bearing No.I-188/2010 as against petitioner No.5 Shivkumar s/o Chandrakant Ghongade and petitioner No.6 Chandrakant s/o Ganpat Ghongade, are quashed and set aside. Rule is made absolute accordingly. ( U.D. SALVI, J. )