IN THE HIGH COURT OF JUDICATURE AT MUMBAI

APPELLATE SIDE JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017

Dist: Thane

In the matter of fundamental

rights guaranteed by the

constitution of India;

And

In the matter of Article 226 and

227 of the constitution of India;

And

In the matter of provision of

C.R.P.C. in U/s. 482

And

In the matter of quashing the

name of the Petitioners from the

F.I.R. No. I- 40 of 2017 registered

by Camp Police station,

Malegaon, Nasik

And

In the matter of provision of the

Indian Penal Code.

1. Mr. Sameer Ramakant Thorat ]

Age 28 years, Occupation Service, ]

2. Mr. Ramakant Gangadhar Thorat ]

Age - 65 years, Occupation : Retired ]

3. Mrs.Mala Ramakant Thorat

Age-61 years, Occupation: Housewife, ]

1 to 3 Residing at : Room No.10, ]

Navsuchita CHS, Ramchandra Nagar, ]

Nandivali, Cross Road, Opp. Swami ]

Vivekananda School, Tilak Nagar, ]

Dombivali (E), Dist: Thane- 421201 ]

4. Mrs.Vijaya Piran Mahajan ]

Age-36 years, Occupation: Housewife ]

5. Mr.Piran Bhagwan Mahajan ]

Age-40 years, Occupation: Service, ]

4 to 5 Residing at: 103, Ganpat Smruti Pawar ]

Complex, Pawar Nagar, Nandivli Pada, ]

Manpada Road, Sagaon, Nr. P&T Colony, ]

Nilje, Dombivli (East) – 421204 ]

6. Mrs. Urmila Anil Patil ]

Age-38 years, Occupation: Housewife ]

7. Mr. Anil Prahlad Patil ]

Age-42 years, Occupation: Service, ]

6 to 7 Residing at: 173/2, Bherav Nagar, ]

Mayur Colony, Khanderav Nagar, ]

Pimprala, Jalgaon City, Jalgaon- 425002 ]

 Indian inhabitants ].. Petitioners

Versus

1. State of Maharashtra ]

(Through Camp police station, Malegaon) ]

2. Mrs.Hemlata Sameer Thorat ]

Age : 25 Years, Occupation Service, ]

Shreeram Nagar, Lane No.3, ]

Sangmeshwar, Malegaon, ]

Taluka: Malegaon, Dist: Nashik ]… Respondents

TO

THE HON’BLE THE CHIEF JUSTICE

AND OTHER HON’BLE JUDGES OF THE

HIGH COURT OF JUDICATURE AT MUMBAI

THE HUMBLE PETITION OF

THE PETITIONERS ABOVE

NAMED

MOST RESPECTFULLY SHEWETH:

1. The Petitioners are citizens of India having their permanent

address as shown in the above title of this petition. As such the

Petitioners are entitled to all the fundamental rights under the

constitution of India as also the right to approach this Hon’ble

Court.
2. The Respondent No.01 is the state within the meaning of

Article 12 of the constitution of India and Respondent No.02 is the

wife of the Petitioner No.01.

3. The Petitioners most respectfully submit that the Petitioners

are law abiding and respectable Citizens of India.

4. The Petitioners most respectfully submit that the facts of the

case are as follows:

5. The Petitioners submit that the F.I.R. No. I- 40 of 2017 has

been registered by the Camp Police station, Malegaon on

08/05/2017 at the instance of complainant named Mrs. Hemlata

Sameer Thorat (wife of Petitioner No.01) for the offence under

section 498-A, 406,323,504 R/w 34 of the Indian penal code

against the above-named Petitioner No.01 to 07. Hereto annexed

and marked the copy of the said FIR No I-40 of 2017 as Exhibit

“A”.

6. It is the case of the prosecution that the Complainant Mrs.

Hemlata Sameer Thorat has lodged FIR on 08/05/2017 with Camp

Police station, Malegaon against the above-named Petitioners for

the offences punishable under section 498 A, 406,323,504 R/w 34

of the Indian penal code alleging that the petitioners have

committed the offence of physical and mental harassment met out

with her during her stay with the Petitioner No.01 in her

matrimonial home.
7. It is alleged in the FIR that the marriage between the

Complainant and the Petitioner No.01 was solemnized on 25th May,

2014 at Malegaon as per Hindu Vedic rites and rituals. After the

marriage, the Complainant and the Petitioner No.01 started residing

at Flat No.10, Navsuchita CHS, Ramchandra Nagar, Nandivli Cross

Road, Opp. Swami Vivekanand High School, Dombivali (East)

421201. It was further alleged in the FIR that the Complainant

started staying with the Petitioner at the matrimonial home. It is

further alleged that after the initial days of marital life around 3 to 4

month the Petitioners behaved very nicely with the complainant but

after few months later on the occasion of Lakshmi Pujan in Diwali

Festival in the year 2014, the Petitioners gathered at their house at

one place and discussed about bypass surgery of the Petitioner

No.3(Mother of the Petitioner No.01) and further all the Petitioners

demanded Rs.700,000/- from the Complainant for doing the bypass

surgery of the Petitioner No.03.

8. It is further alleged that the Petitioners used to taunt, beat,

threaten and harass the complainant by saying that she was unable

to give birth to baby child for their family and thereafter on the said

reason the Complainant wife was thrown away from her

matrimonial house by the Petitioners. It is further alleged that on

15th August, 2015 complainant’s father had given an amount of

Rs.3,50,000/- to the Petitioner No.01 and sent his daughter to reside

and cohabit with the Petitioner No.01 at her matrimonial home. It is

further alleged that, while residing in the said matrimonial home

the Petitioners used to make demand of Rs.7,00,000/- from the

 complainant-wife and her family members and further the

Petitioners used to abuse, harass, beat and threaten the Original

complainant each and every time and accordingly on 8th July, 2016

the Petitioners had again thrown away the complainant-wife from

the matrimonial home by recovering the Stridhan of the

complainant. Thereafter the complainant narrated all the alleged

fact to her father and family members and her father tried to settle

the matrimonial dispute between the Petitioner No01 and the

Complainant but the Petitioner have not listened to them regarding

anything about the restitution and willfully ignored the same.

9. It is further alleged that, on 5th March, 2017 at around 9pm.

All the Petitioners visited the complainant’s resident at Shriram

Nagar, Malegaon and again demanded an amount of Rs.700,000/-

for the bypass surgery of the Petitioner No.3 and kept the condition

before the original complainant and her family members to fulfill

the demands as early as possible and then only asked to send their

daughter i.e. original complainant to cohabit with the Petitioner

No.01 at her matrimonial home. The Complainant’s father and

mohter tried to convince all the Petitioners but they straight away

left from the original complainant’s resident and hence the alleged

offence.

10. That the Respondent No.02 also filed the case under section

125 of Cr.P.C for maintenance from the Petitioner No.01. Hereto

annexed and marked the copy of the said application as Exhibit

“B”.
11. That she also filed the application bearing No….. of 2017 for

restitution of conjugal rights under section 9 of the Hindu Marriage

Act, 1955 before the Ld. C.J.S.D., Malegaon. Hereto annexed and

marked the copy of the said application as Exhibit “C”.

12. That subsequently the Petitioner No. 01 has filed the petition

for divorce on the grounds of cruelty under section 13(1)(i)(a)

before the Learned Civil Judge, Senior Division, Kalyan bearing

No. 1481 of 2016 and the same is pending before the court. Hereto

annexed and marked the copy of the said Petition as Exhibit “D”.

13. That thereafter the Respondent No.02 filed the application

bearing No.168 of 2017 before the Hon’ble High Court and his

lordship Justice Shri Kathawalla Saheb disposed off the matter by

passing the order dated 13th September, 2017 for settlement of the

matter on the term and conditions of giving Rs.700,000/- as full and

final alimony and the Articles like LED TV, Bed and refrigerator to

the Respondent No.02 by the Petitioner No.01. Hereto annexed

and marked the copy of the said application and order dated 13th

September, 2017 as Exhibit “E” and “F” respectively.

14. The Petitioners pray that this Hon’ble Court in exercise its

power under article 226 and 227 of the constitution of India read

with section 482 Cr.P.C, may call for the relevant records and

proceedings, quash and set aside the F.I.R. No. I-40 of 2017 on the

following amongst other grounds which are taken without prejudice

to each other:-
a) That the Petitioners are totally innocent and have been

falsely implicated in the aforesaid offence. The Petitioners

have not committed any offence much less the offence

punishable by death or life imprisonment. The Respondent

No.02 has dragged entire family of the Petitioner including

his father and mother and two sister and their respective

husbands.

b) That the Respondent No.02 deserted herself the

Petitioner No.1-husband without assigning any valid reasons

and left the matrimonial home only on the grounds that she

wanted to pursue her higher studies i.e.to complete her B.

Farm degree at Malegaon and to live her own lifestyle at her

own wish.

c) That on perusal of FIR it clearly shows that the present

Petitioners have not offered any cruelty to the Respondent

No.02. Therefore, section 498 A, 406, and 504 read with 34

of IPC cannot be attracted in case of the present Petitioners.

d) That the Petitioner No.01 and his family members did

not offer any harassment to the Respondent No.02, nor treated

her with utmost cruelty under section 498(a), 406, 323, 504

r/w 34 of IPC. By flaunting the alleged act of violence and the

cruelty by the Petitioner No.01- husband; the Respondent

No.02 is attempting to achieve the paradoxical situation of

 making the false allegations against the husband and his

entire family.

e) That the Petitioners have never demanded dowry of

Rs.7,00,000/- from the Respondent no.02 and her family. And

they never gave any amount of Rs.350,000/- to the Petitioners

as alleged in the FIR.

f) That the Respondent No.02 has filed multiple false

criminal cases with the help of police machinery mainly to

abuse the process of law mainly for accomplishing her

demand of alimony and taking vengeance against the

Petitioners and his entire family and the extreme height of the

Respondent No.02 is that she has again filed application

under section 9 of the Hindu Marriage Act for restitution of

the conjugal rights before the Ld. C.J.S.D at Malegaon which

itself shows her bad conduct to harass the Petitioner No.01

and his entire family.

g) That the Petitioner No.1’s two sisters, one is from

Jalgaon and another is from Dombivali along with their

respective husband, have to travel from respective places two

to three times a month to attend the court hearings at

Malegaon. The Petitioners further say that Petitioner No.01’s

father and mother are senior citizens and they are not

physically fit to travel from Dombivali to Malegaon, Nashik

 two to three times a month for attending court hearing due to

their old age

h) There is no legally admissible material on record to

connect the present Petitioners with the alleged offence.

i) The Petitioners are the residents of the above address

since last so many years. The Petitioners have no criminal

antecedents at all. All the Petitioners hail from very

respectable and good families.

j) The Petitioners undertake to co-operate with

Investigation as and when necessary.

k) That the settlement is done between the parties as per

the order dated 13th September, 2017 passed by his Hon’ble

lordship Justice Shri S. J. Kathawalla J Saheb and the

Respondent No.02 (wife of the Petitioner No.01) has agreed

to take back all the allegations in the FIR No. I-40 of 2017

against all the Petitioners.

l) That his lordship Justice Shri S.J.Kathawalla J Saheb

also directed the Ld. Civil Judge Senior Division, kalyan to

covert the Marriage Petition No. 1481 of 2016 into petition

for divorce by mutual consent and also directed to grant

divorce by mutual consent.

m) That as per the order dated 13th September, 2017, the

Petitioner No.01 has been directed to pay Rs.7,00,000/- to the

Respondent No.02(Wife of the Petitioner No.01 in full and

final settlement of all her claims against the Petitioner No.01

on or before 8th November, 2017 by way of Demand draft

drawn in favour of the Hemlata Dhanraj Ahire, which the

Petitioner No.01 undertakes to submit the receipt of the same

duly signed by the Respondent No.02 or to the Respondent

No.02 may be directed to record her statement before this

Hon’ble court with respect to receipt of the said amount.

n) That as per the order dated 13th September, 2017, the

Petitioner No.01, as agreed, already handed over LED TV,

Refrigerator and cot/single bed to the Applicant on 27th

September, 2017 at 12 noon and no any articles pending to be

exchanged between the parties. Hereto annexed and marked

the copy of the Receipt duly signed by the Respondent No.02

as Exhibit “G”.

o) That as per the order dated 13th September, 2017 both

the parties have agreed that they shall have no claim of

whatsoever nature against each other. They shall withdraw all

the allegations made by each other. That both the Parties

have agreed that the Respondent No.02 shall withdraw the

application filed by her under Section 125 of the Criminal

Procedure Code filed before the Court at Malegaon, being

Criminal Misc. Application No. 523 of 2017 and shall also

 withdraw the Petition filed by her for restitution of conjugal

rights before the Civil Judge, Senior Division, Malegaon,

being HMP No. 151 of 2017.

p) That the settlement is already done between the parties

and there is no point in keeping the FIR No. 40 of 2017 open

without quashing the same as it may create abuse of the

process of law.

15. That the Consent of the Respondent No.02 along with her

affidavit for quashing of the FIR will be tendered before this

Hon’ble Court when all the compliance as per the order dated 13th

September, 2017 will be done by the Petitioner No.01.

16. The Petitioners state that the Petitioners have not filed any

other petition either in this Hon’ble Court nor in the Hon’ble

Supreme Court of India seeking the relief as prayed for in this

petition.

17. The Petitioners state that the Petitioners do not have any other

alternative efficacious remedy available to him.

18. The Petitioners pray that this Hon’ble Court may be pleased:-

a) To call for the necessary and relevant records and procedure

from the respondent N0.1;

 b) To quash and set aside the FIR No. I-40 of 2017 registered

against the Petitioners by Camp Police station Malegaon and

all the allegations made against the Petitioners;

c) Ad-interim relief in terms of prayer clause “b” may be

granted;

d) To provide for the cost of this petition; and

e) To pass any such other and further order as this Hon’ble

Court deem fit and proper in the facts and circumstances of

the case.

And for this act of kindness the Petitioners shall as in duty

bound ever pray.

Mumbai dated this ………..day of October of 2017

Advocate for the Petitioners

 AFFIRMATION

I, Sameer Ramakant Thorat, age 28, the Petitioner No.01 above

named on behalf of the above named petitioners No.01 to 07, do hereby on

solemn affirmation state that what is stated in Para no. 01 to Para No. are

correct to the best of my knowledge and I/we believe the same to be true

Para no. contains my legal submission and Para no. contains my

humble prayers.

Solemnly affirmed at this day of October, 2017

Petitioner No.01

Advocate for the Petitioners