1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.342 OF 2009 Nilesh Rathi .. Applicant Versus Prakash Somnath Boob & Ors. .. Respondents Mr.Amit Sale for applicant and applicant present in person Ms.Leena Patil i/b. Mr.M.S.Karnik for respondent Nos. 1 to 6 Mrs.R.V.Newton, APP for State. CORAM : S.C.DHARMADHIKARI, J. DATE : 4th February 2010. P.C.: 1] This is an application by the original complainant, impugning an order dated 2nd February 2009 passed by the Adhoc Additional Sessions Judge I, Nashik discharging the original accused who are respondent Nos. 1 to 6 before me. 2] The accused made an application for discharge being Exh.6 and 7 and contended therein that the subject criminal case has been registered on the basis of an unfortunate episode concerning both families. It was pointed out that the daughter of accused No.1 deceased Ujwala and the 2 present complainant – applicant before me had love affair. The deceased and the complainant were in college together. A proposal of marriage was initiated by the complainant. Engagement ceremony took place on 17th December 1994 and the date of marriage was fixed as 19th November 1995, but the marriage could not be solemnised. The deceased committed suicide. 3] It is very unfortunate that the parents of the deceased accused the complainant and his family of demanding huge dowry for the marriage and that led to her committing suicide. That is how the complainant and his family members were involved by the accused in Criminal case being Sessions case No.207 of 1995. That case was decided by the 5th Additional Sessions Judge, Nashik on 16th July 2002. The complainant – present applicant before me, his father Jaiprakash, mother Prabhavati and one Santosh Kela, who were accused, were all acquitted. 4] The subject complaint came to be filed by the complainant on the basis that he could locate certain letters addressed by deceased Ujwala which indicated that the real culprits and persons responsible for her death were her own parents and not the complainant and his family. 3 Therefore, the complaint came to be proceeded with and ultimately, committed to the Court of sessions and numbered as Sessions Case No. 135 of 2008. The respondents to this application are the accused in this criminal case and they applied for discharge. The discharge application was opposed. 5] The said application was placed before the Sessions Judge and by the impugned order, he has allowed their request for being discharged from the criminal case and that is how the complainant has approached this Court. 6] To my mind, it is only the complainant’s acquaintence and his subsequent liking for the deceased so also his proposal for getting married to her that led to the two families being involved in criminal case. The complainant is naturally agitated by the fact that he and his parents were unnecessarily dragged in a criminal case on the allegations that they were responsible for the death of the deceased. He is agitated by the fact that the acquittal from the criminal case came to be challenged by the parents of the deceased right upto the Supreme Court. Thus, he and his family members, despite the death of the deceased, have been dragged in 4 criminal prosecution and not satisfied with the acquittal, a personal vendetta has been started against them. Therefore, when the important material in the form of the letters written by deceased have come on record, the complainant had prayed that they be tried under the penal law and punished accordingly. 7] After having heard the learned Counsel for parties, to my mind, there is no reason to interfere with the order under challenge. The learned Judge was in no error in referring to the allegations made by the families against each other, the eventual findings in the criminal case leading to the acquittal of the complainant and the complainant’s anguish and pain in being dragged into criminal proceedings. However, it is after seven years of the death of the deceased, the complainant stated that he located letters addressed by Ujwala, which would unfold the reasons leading to her unfortunate suicidal death. The contents of these letters would show that the parents of the deceased themselves were responsible for her plight and eventual untimely death. He had approached hand-writing expert and obtained his opinion which disclosed that the letter is in the hand writing of the deceased Ujwala. 5 8] To my mind, the learned Judge has rightly referred to the incident leading to the untimely death of the deceased, Ujwala, but has in all probability going by the time lag and the unnecessary and undue harassment to all concerned, refused to proceed further with the criminal case. The allegations made by the complainant have been referred to including the alleged inhuman treatment meted out to Ujwala by her own family members. The learned Judge has also referred to the materials including the statement. However, the learned Judge was in no error in concluding that all this form part of an already decided criminal case. That was a criminal case in which the complainant and his family members were accused. Everything that could have been possibly alleged by parties against each other has been said and has been placed on record. Now with regard to the same incident i.e. Untimely suicidal death, the complainant has filed a private complaint. Apart from producing the alleged letter, there is nothing else on record, save and except, some statement pertaining to the love affair of the deceased with the complainant. 9] Considering that seven years time has gone by from the death of the deceased, Ujwala, and discovery of alleged letter, the learned Judge 6 has allowed the application for discharge. 10] The matter was placed before me on the earlier occasion and on being informed that the complainant is a practicing Advocate and a young man who is married and having a family, the matter was adjourned and placed today. However, despite the presence of his Advocate, the complainant argued in person and handed in written submissions, all of which have been considered by me. The families and particularly the family of the deceased were not at all ready to forget and forgive. That is what led to filing of criminal case against the complainant and his family. It may be true that the complainant wants a complete and clean acquittal and desires to lead and live a life totally free of blemish and stigma. He was pained at the fact that he and his family having been accused as being responsible for the death of Ujwala. However, that by itself should not lead to a further vilification campaign. If the pangs of the complainant can be understood, equally it must be realised that filing criminal cases after such unfortunate incidents would do nothing but prolong the agony of those involved therein. It is true that the complainant had to face a trial and despite being acquitted had to defend it in proceedings upto the highest court in the Country. That by itself does not justify another round 7 of litigation and that too criminal proceedings, after more than 14 years of the death of the deceased and when everybody including the complainant has settled in life. To my mind, considering the peculiar facts of this case, there is no reason for exercising revisional and inherent jurisdiction of this Court. 11] However, while upholding and maintaining the impugned order, it is clarified that it was not for the learned Judge to have made any observations, including those in paras 22 and 23 with regard to the conduct of the complainant. The complainant having been acquitted from criminal cases and his only crime being in love with the deceased and which relationship could not fructify in a marriage, should not result in he alone being held responsible for subject criminal proceedings. The learned Judge while closing the case ought to have exhibited more sensitivity and understood the pain and anguish of even the complainant and his family. So understood, there was no occasion to blame anybody from that family as well. The complainant must, like all others in the respective families, be allowed to lead a peaceful life and pursue his career without any charge/ allegation and stigma. That there is nothing like this, leave alone, any crime committed by him is clear from his 8 acquittal from the criminal case instituted by the family of the deceased. Equally, his suffering leading him to take recourse to criminal law must be understood in the peculiar backdrop and, therefore, all such observations are expunged but the impugned order is upheld on the ground that principles relevant to decide discharge application and fully germane thereto have been applied and, therefore, the order under challenge does not require any interference. The application is disposed of accordingly. (S.C.DHARMADHIKARI, J)