Nagpur High Court

Nagpur Bench of Bombay High Court quashed the F.I.R. against the false allegation under domestic violence

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The Division Bench of Justice Z.A. Haq and Justice Amit B. Borkar at the Bombay High Court, Nagpur Bench has quashed the First Information Report ( F.I.R ) 66/2015 dated 19/08/2015, under Sec 498-A, 406 and 506 of Code of Criminal Procedure,1973 read Sec 34 of the Indian Penal Code, 1860.

              The First Informant- wife lodged the report with the Police Station, Durgapur, District Chandrapur alleging that the husband and the other relatives of the husband in connivance with each other physically and mentally harassed the first Informant for refusal to pay dowry amount. It was also alleged that the father-in-law of the first informant had misappropriated golden ornaments and cash given by the father of the first informant.

               On 9/10/2015, the Court issued the notices and by way of interim relief directed not to take coercive steps against the applicant. On 13/04/2016, the Court issued the rule and granted interim relief.

                  The Hon’ble High Court referred various judgments of the Supreme Court of India,  to be mentioned as G. Sagar Suri and another v. State of U.P. & others (2000)2 SCC 636, M/s. Indian Oil Corporation v. M/s. NEPC India Ltd. & others 2206 (7) Scale 286,  Kailash Chandra Agrawal v. State of U.P. & others (2014) 16 SCC 551, K. Subba Rao v. State of Telangana 2018 (14) SCC 452 observed that the allegations in FIR are vague & there are no details of the incident mentioned in the FIR of alleged harassment, in addition, to delay in lodging of FIR.

                  Adv. Ishwar S. Charlewar, Adv. Deepa I. Charlewar appeared for the applicants and for non-applicants, Adv. Shri T.A. Mirza, APP for Police Station Officer, Police Station Telhara & Shri MP Khajanchi appeared for the first informant – wife.   

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