Case Note & Summary
The matter arose from a criminal writ petition filed under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 274 of 2019 registered with Niphad Police Station, Nashik, for offences punishable under Sections 323, 498-A, 504 and 506 read with 34 of the Indian Penal Code, 1860. The first informant, Rohini Vikas Matale, was married to Vikas Balasaheb Matale, an advocate, on 18 June 2018. Petitioners 1 to 5 and 7 were described as relatives of Vikas, while petitioner No.6 was his friend. The FIR alleged that within weeks of marriage, marital discord arose due to Vikas's alleged extra-marital relations and demand of Rs.10 lakh from the first informant's father for acquiring an office. It was alleged that on 9 November 2018, petitioners 1 to 5 and 7 visited the matrimonial home on the occasion of Dipavali and threatened the first informant to bring Rs.10 lakh. Later, on 9 January 2019, during a meeting to resolve the discord, petitioner Nos.1, 3 and 5 allegedly joined the mother-in-law in relieving the first informant of her gold ornaments, while petitioner Nos.2, 4 and 7 intimidated her and her relatives and turned them out. Petitioner No.6 was alleged to have made a phone call to the first informant's father demanding Rs.10 lakh. The first informant approached the Women Security Cell, Adgaon, Nashik Rural, and gave a statement on 22 February 2019. After unsuccessful attempts at resolution, she lodged the FIR on 27 October 2019. The petitioners contended that they were falsely implicated due to being distant relatives or friend of the husband, that they never shared the matrimonial home, and that there was unexplained delay in lodging the FIR. They argued that petitioner No.6 could not be charged under Section 498A IPC as he is not a relative. The State and the first informant argued that the FIR contained specific allegations and that at the stage of quashing, the court should not appreciate veracity of allegations. The court noted the relationships of the petitioners with the husband and the gist of allegations against each. The available judgment text ends before the final operative order was pronounced.
Headnote
A) Criminal Procedure - Quashing of FIR - Section 482 Code of Criminal Procedure, 1973 and Article 226 Constitution of India - Power to quash FIR to prevent abuse of process - Petitioners sought quashing of FIR No. 274 of 2019 for offences under Sections 323, 498-A, 504, 506 read with 34 Indian Penal Code, 1860 on grounds of false implication, delay, and absence of prima facie case - Court examined relationship of petitioners with husband of first informant and specific allegations against each petitioner and noted that at quashing stage, court need not appreciate veracity of allegations if prima facie case made out (Paras 2, 4, 8-11, 14). B) Criminal Law - Offence of cruelty by husband or relative of husband - Section 498A Indian Penal Code, 1860 - Meaning of 'relative' - A friend of husband is not a 'relative' and cannot be charged under Section 498A but may be liable for other offences if specific allegations exist - Court noted that petitioner No.6 is not relative but friend and examined specific allegations against him (Paras 8, 11, 13, 15). C) Criminal Procedure - Investigation and Charge Sheet - Section 173(2) Code of Criminal Procedure, 1973 - Permission to file charge sheet - State filed application seeking permission to file charge sheet after investigation allegedly revealed complicity of accused - Court noted interim order dated 5 March 2020 directing investigation may continue but charge-sheet shall not be filed and heard application along with writ petition (Paras 5-6). D) Criminal Law - Matrimonial Offences - Cruelty and Dowry Demand - Sections 498-A, 323, 504, 506 read with 34 Indian Penal Code, 1860 - Allegations of demand of Rs.10 lakh, harassment, assault, threat, and deprivation of ornaments in matrimonial home - Court analysed allegations against petitioners in two incidents dated 9 November 2018 (Dipavali) and 9 January 2019 meeting and considered that gravamen of allegations must be assessed for each accused (Paras 3, 14-15).
Issue of Consideration
Whether the FIR No. 274 of 2019 and proceedings against petitioners should be quashed under Article 226 Constitution of India and Section 482 Code of Criminal Procedure, 1973; whether petitioner No.6, being a friend and not relative, can be prosecuted under Section 498A Indian Penal Code, 1860; and whether the State should be permitted to file charge sheet.
Law Points
- Quashing of FIR under Section 482 CrPC and Article 226
- prima facie case
- relative under Section 498A IPC
- abuse of process
- delay in FIR
- charge sheet filing
- role of each accused
- friend not relative
