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 WRIT PETITION NO.: 146 OF 2007 Shrikrishana Ramrao Patil and others Versus State of Maharashtra and another. *** Mr. Nitin B. Suryawanshi, Advocate for the Petitioners. Mr. P. M. Shinde, A.P.P. for the Respondent/ State. Mr. Joydeep Chatterji, Advocate for the Respondent No.2. *** 1. Based on a report lodged against the present Petitioners vide C.R. No.12 of 2007, for an offence under section 406, 499, 420, 506 of Indian Penal Code and section 4 of Dowry Prohibition Act along with other four accused, prosecution is initiated, the matter is at the stage of charge. Applicants seek to quash the proceedings against them. 2. The applicants herein are uncle, while applicant No.4 and 5 are maternal uncle. Applicant No.6 Vilas is brother in law of Shashikant. 3. It is pointed and now cannot be disputed that these applicants are not resident of the said village where the alleged negotiations or talk of marriage was held. Applicant No.5 is in service. The applicants are residing at far distance. 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. 4. The allegations by Dnyaneshwar related to attending meetings of negotiations, engagement of his sister Jyoti and Shashikant. The engagement ceremony was performed as per rites prevailing between the parties, making expenses of Rs.35,000/- by the family of Dnyaneshwar. Thereafter, according to him apparels for bride and bridegroom to the extent of Rs.32,000/- were purchased. Gold ornaments of Rs. 1,68,000/- were purchased on 26th November, 2006 handed over to family members and 27th November, 2006 Rs.50,000/- were paid to Shashikant for purchasing motor cycle. 5. It was Shashikant, having gone to Sweden had interaction of e-mail of the bride Jyoti, he stumbled to certain obscene photographs and also communication and messages between said Jyoti and Bhushan. This was the root cause for Shashikant to suspect of Jyoti and to back out from the matrimonial obligation. 6. Without adverting to the merits in the matter about parting of valuables, as other matter between Shashikant and his father, is pending, the fact remains the applicants herein are residing far away, do not 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. collectively or individually appear to have participated either in the negotiations or in the act of inducement nor activated by so called cheating. Consequently, the prosecution as against present applicants will be bound to run into a persecution which is not the purpose of the very statute. The applicants had no direct dialogue or bargain with Dnyaneshwar or his family members for the so called demands. This Court is duty bound to exercise its powers under section 482 of the Code of Criminal procedure to quash the proceedings to the extent of present applicants only. Consequently, the proceedings as against the present applicants is quashed and set aside. Their bail bond stand cancelled. Surety discharged. [K. U. CHANDIWAL, J.] Dated:05/08/2009. ans/146