Fiona Shrikhande vs State Of Maharashtra & Anr

3. The Complainant (2nd respondent herein) is the sister-in-law of the accused, being the wife of the complainant’s brother. Complainant and her brother are the sole surviving heirs of their parents who are no more. Facts indicate that the father had the tenancy rights over the flat where the incident is alleged to have taken place.

4. Complaint Case No. 4701623/SS/11 was filed before the Additional Chief Metropolitan Magistrate, 47th Court at Esplanade Mumbai alleging offences punishable under Sections 298 and 504 IPC. Complainant stated that she moved into the above mentioned flat on 23.04.2011 along with her husband, her servants and necessary household belongings. Having come to know of the same, her brother along with accused came to India from USA and occupied one out of the four bedrooms in the flat and then indulged in several unlawful acts with a view to push the complainant out of the flat. On 8.5.2011, the accused accompanied by her daughter (born to her from her first marriage) came to the flat at about 4.00 p.m. and then left for filing a complaint before the Cuffe Parade Police Station against the complainant stating that she had broken the locks of their rooms in the flat. After lodging the complaint, she came back to the flat and rushed into the room where the idols are kept and shouted that she would not permit anyone to enter the Puja room. The complainant has described the incident as follows:

5. On the basis of the above allegations, the complainant preferred a complaint on 18.5.2011, which was registered as Complaint Case No. 4701623/SS/11. Learned Additional Chief Magistrate, after perusal of the complaint, found a prima facie case to take cognizance under Section 504 IPC against the accused and, consequently, issued process to the accused vide his order dated 23.8.2011.

6. The appellant then preferred Criminal Revision Application No. 1124 of 2011 challenging the order issuing the process for offence punishable under Section 504 IPC. It was contented that the allegation that she had indulged in any action with an intention to provoke the complainant to break breach of public peace or commit any other offence, was totally unfounded. Further, it was also pointed out that no details had been furnished in that complaint to show in what manner the appellant had attempted to provoke the complainant, so as to attract Section 504 IPC. Further, it was pointed out that the complaint ought to have disclosed the actual words if, at all, used by the appellant, which would have provoked her to commit any other offence. It was also pointed out that the learned Magistrate has not properly understood the scope of Section 202 Cr.P.C. in issuing the process to the appellant.

7. The Revision Application was resisted to by the complainant and, referring to various statements made in the complaint, it was submitted that the ingredients of Section 504 IPC have been fully satisfied. Further, it was also pointed out that it is not necessary that the complaint should verbatim reproduce the words spoken by the appellant and that once the complaint makes out a prima facie case for issuing the process and the Court is satisfied of the same, the Court has got the power to issue the process under Section 202 Cr.P.C.

8. Learned Additional Sessions Judge, after examining the rival contentions, found no merits in the application and dismissed the same vide his order dated 27.7.2012. Aggrieved by the same, the accused preferred Criminal Writ Petition No. 2944 of 2012 for quashing the proceedings initiated under Section 504 IPC before the High Court. Learned single Judge of the High Court, after perusing the rival contentions, also found no merits in the said petition and dismissed the same, against which this appeal has been preferred.

15. We have already extracted the relevant portions of the complaint. If they are so read in the above legal settings, in our view, a prima facie case has been made out for initiating proceedings for the offence alleged under Section 504 IPC.

16. In such circumstances, we find no reason to take a different view from that of the High Court. The appeal is accordingly dismissed, without expressing any opinion on the merits of the case.