1 CRIWP-812.10
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 812 OF 2010
1. Sow. Dhanabai w/o Hiraman Dasare,
age 70 years, occupation: household,
resident of Tikkar, Taluka Shrirampur,
District : Ahmednagar.
2. Sow. Suthira w/of Dnyaneshwar Dasare,
age 35 years, occup. govt. service,
r/o HIG-03, Flat No.37, MHADA Colony,
Near Baba Poetrol Pump, Aurangabad.
3. Sow, Meenatai Hariom Zalwar,
age 35 years, occup. household,
r/of Ambikanagar, Mukundwari,
Aurangabad.
4. Sow. Priya w/o Raju @ Ramesh Ghodke
Patil, age 27 years, occup.household,
R/of H. No.S-14-79, Shakti Nagar,
Aurangabad.
5. Dnyaneshwar s/o Hiraman Dasare,
age 35 years, occupation: business,
r/of HIG 03, Flat No.37,MHADA Colony, Petitioners/
Near Baba Petrol Pump, Aurangabad. Orig.accused.
Versus
1. The State of Maharashtra, through
the Commissioner of Police,
Aurangabad.
2. The Police Inspector,
Police Station, Kranti Chowk,
Aurangabad.
3. Smt. Rohini Govind Ladhe,
age 73 years, occup. retired govt.
servant, r/o New Bhagyyadeep
CH Society, flat No.02-104, Near
Swimming Pool, Gate No.2, Kalwa, Respondents
Thane
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Smt. Asha Sanjay Rasal, Advocate, for the petitioners.
Smt. S.D. Shelke, A.P.P. for Respondent Nos. 1 and 2.
Shri K.C. Sant, Advocate, for Respondent No. 3.
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2 CRIWP-812.10
Coram: A. H. Joshi and A.R. Joshi, JJ.
Judgment reserved on: 19.09.2011
Judgment pronounced on: 22.09.2011
Judgment : ( Per: A.H.Joshi, J.)
01. The Petitioners herein have been named as accused in written F.I.R.
lodged by Respondent No. 3 Rohini. It is registered with Kranti Chowk Police
Station, Aurangabad, on 14.1.2010 under Crime No. I-18/2010 for offences
punishable under Sections 448, 468, 471 and 420, read with Section 34, of the
Indian Penal Code.
02. The story disclosed in the F.I.R. can be briefly narrated as follows:-
(a) The complainant Rohini is the wife of deceased Govind Laxman
Ladhe, who was an Advocate by profession. He owned a flat, being flat
No.37, consisting of two bed rooms, a kitchen etc. in building No. H-3,
MHADA Colony, near Baba Petrol Pump, Aurangabad, allotted to him by
MHADA.
(b) Due to employment as a rector in the hostel, and because of
family responsibilities, the complainant used to be out of Aurangabad.
(c) She applied for recording her name in MHADA in relation to the
flat owned by her husband Govind.
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(d) On 24.12.2009, at about 2.30 a.m., the petitioners-accused
persons thumped the door of the complainant’s flat and threatened her.
The complainant, therefore, called the police. However, in the
meantime, the accused persons went back.
(e) On 25.12.2009, accused persons again came and entered the flat
of the complainant forcibly, and since then they have been occupying
the flat.
(f)
The police also did not help the complainant.
(g) The accused have made a show, of having paid some money to
the complainant’s husband and got some documents executed in favour
of petitioner No.5.
(h) On the basis of forcible entry in the flat, all accused persons
have taken away the documents, clothes, utensils, furniture and other
articles from the flat and the complainant has been driven out of the
house, barely with clothes on her person.
(i) The accused have committed offences due to their acts
complained of.
03. For quashing the complaint filed by Respondent No.3, the petitioners
have placed reliance on the following background:-
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(i) Petitioner No.5 has in his favour an agreement for sale executed
by deceased Govind Laxman Ladhe in respect of the said flat. Petitioner
No.5 has paid under agreement of sale to Shri Govind Ladhe by way of
advance an amount of ` 5,31,000/- and the balance amount was to be
paid at the time of registration, and ` 2,000/- per month for day-to-
day maintenance, and due amount on the date of execution of the sale
deed.
(ii) Possession of the flat was delivered by Govind Ladhe to
petitioner No.5, on the said agreement of sale.
(iii) None came forward to nurse Govind, when he was in hospital.
(iv) The petitioners had spent for medical expenses of deceased
Govind Ladhe, and the petitioner has rendered entire nursing and
service to Govind Ladhe, till he died.
(v) After death of Govind, the petitioners filed a suit for specific
performance against complainant Rohini Ladhe.
(vi) Complainant Rohini Ladhe knew that such a litigation was in the
offing and, therefore, she had filed a caveat.
(vii) Apprehending that Respondent No.3-Rohini Ladhe was about to
lodge some false case against the petitioners, the petitioner No. 5 had
lodged complaint to police on 26.12.2009.
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5 CRIWP-812.10
(viii) After filing of the criminal case, the petitioners submitted a
detailed representation on 22.1.2010 to the Police Sub Inspector, and
thereafter to the Commissioner of Police on 22.4.2010, yet police
have continued the investigation.
04. The grounds pressed in service through this petition read as
follows:-
XI. Prima facie, the allegations levelled in the FIR are insufficient to
prove / describe the guilt or any unlawful act on the part of thepetitioners.
XIV. Actual dispute in between the parties is of civil nature, therefore,
false and frivolous allegations levelled in F.I.R. involving petitioners,
are not sustainable and, therefore, F.I.R. is liable to be quashed.
Same grounds have been canvassed during oral arguments. Learned
Advocate for the petitioners took us through entire paperbook thread-bare, in
order to make good, the arguments.
05. Perusal of the documents on record i.e. caveat, interim order, copy of
the F.I.R. and representations submitted by the petitioners, leaves no room for
doubt to believe that in view of pending suit, the parties are already in civil
litigation.
06. The versions contained in the petition and the contents of the
agreement for sale indicate that the petitioners have proceeded on an
assumption that there are no other family members of deceased Govind Ladhe,
to succeed to his property, or for taking his care. The petitioners have
changed the stance in the suit filed by present petitioner No.5 Dnyaneshwar
himself against Govind Ladhe (since deceased, against Smt. Rohini Ladhe),
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6 CRIWP-812.10
wherein present Respondent No. 3 is shown to be the wife and legal
representative of deceased Govind Ladhe.
07. For enabling the petitioners to get the FIR quashed, they must show
that, ex-facie, the description of the allegations or imputations levelled against
them does not comprehend the ingredients of the offences with which they
are charged.
08. The parties are concurrent on the point that the yardstick with which
the FIR is to be tested to find out whether it is to be quashed, is as to what
appears prima facie and not of a scrutiny in depth.
09. At this stage, it is not to be seen whether the case would ultimately lead
to a conviction. All that is to be seen is, whether there is a ground for
registration of crime and for investigation thereof.
10. At this stage, the petitioners are attempting that this court should
believe their version alone as the truth, and that the version contained in the
narration reflected through complainant Rohini (FIR) is a utter lie and / or
unbelievable.
11. On scrutiny, we find that the contents of the complaint submitted by
Respondent No. 3 to the police, consist of due and adequate description as to
the conduct of the petitioners-accused persons. The narration is sufficient to
describe the ingredients of the offences for which the crime has been
registered.
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12. Therefore, present is not a fit case where the relief of quashing the FIR
is available.
We, therefore, dismiss the petition and discharge the rule.
(A. R. JOSHI, J.) (A.H. JOSHI, J.)
pnd/CRIWP-812.10
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