Final Order 1

Order Details: Copy of Judgment
Pdf Text: C.C. No.685/PW/2017
Presented on :- 27.04.2017
Registered on :- 27.04.2017
Decided on :- 08.08.2019
Duration : 02 Y. 03 M. 11 D
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
12TH COURT, BANDRA, MUMBAI.
(Presided over by Jaydeo Y. Ghule)
CNR NO. MHMM18-000788-2018
Exh.9
COURT CASE NO.685/PW/2017
The State (At the instance of
Dharavi Police Station in
C.R. No.516/2016) ......... Prosecution
V/s.
1. Arjun Maruti Pawar,
Age – 24 years, Occ – Business,
2. Rupa Maruti Pawar,
Age – 50 years, Occ – Business,
3. Karan Maruti Pawar,
Age – 21 years, Occ – Business,
4. Maruti Bhima Pawar,
Age – 53 years, Occ – Business,
All Res. at – Kurla (W), Mumbai. ........ Accused
Charge : Under Section 498 (A), 323, 504, 506 r/w 34 of
Indian Penal Code, 1860.
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Advocate of Prosecution Mr. Shaikh
Advocate for accused Ms. Ketki Datar
JUDGMENT
(Delivered on 08.08.2019)
1. The accused are prosecuted for the offences punishable under
Section 498 (A), 323, 504, 506 r/w 34 of Indian Penal Code, 1860 (in
short “the Code”).
2. The facts in brief are as follows :
The informant Karishma Arjun Pawar informed to the police that she
got married with accused no.1 on 14.12.2015. She used to stay at her
parent’s house due to domestic quarrel with her husband. On 04.11.2016
she along with her mother went to police station for lodging report about
ill-treatment at the hands of her husband and his relatives. Accused gave
abuses on her character, force her to conceive early and give birth to baby
boy. Also force her to get separate from her husband and when she asked
the reason they all harassed by mentally and physically. Accused no.1
threatened her to kill on the account of sexual relation and what she had
talked with her mother on phone. Informant and her mother were
annoyed due to above incidents. As per information police registered the
crime against the accused. During investigation police reveals that accused
no.1 caused hurt and also gave abuses on informant’s character. Other
accused also gave mental and physical harassment to get separate from
accused no.1. Also threatened her to kill. Hence, filed charge sheet
U/Sec.498 (a), 323, 504, 506 r/w 34 of the Code.
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3. My Ld. Predecessor has framed the charge. The contents of the
offence were read over and explained to the accused in their vernacular.
The accused pleaded not guilty and claimed to be tried.
4. In view of the offences levelled against the accused following points
do arise for determination and my findings is against the said point for the
reasons mentioned below :
Sr.
No.
Point Finding
1 Whether the prosecution proves that all the
accused in furtherance of their common
intention from December, 2015 to November,
2016 at Room No.125, Jaishankar Chowk,
Halav Pool, Pipe Line, Kurla (W), Mumbai
intentionally caused ill-treatment to the
informant Karishma Arjun Pawar for fulfilling
their demands and thereby committed an
offence punishable U/Sec.498 (A) r/w 34 of
the Code ? No.
2 Whether the prosecution proves that all the
accused in furtherance of their common
intention voluntarily caused hurt to the
informant and thereby committed an offence
punishable U/Sec.323 r/w 34 of the Code ? No.
3 Whether the prosecution proves that all the
accused in furtherance of their common
intention intentionally insulted informant by
giving abuses and thereby gave provocation
intending that such provocation will cause
informant to break public peace or to commit
any other offence and thereby committed an
offence punishable U/Sec.504 r/w 34 of the
code? No.
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4 Whether the prosecution proves that all the
accused in furtherance of their common
intention insulted the informant and gave
threats and thereby committed an offence
punishable U/Sec.506 r/w 34 of the Code? No.
5 What order ? Accused are
acquitted.
REASONS
5. To prove the guilt of accused the prosecution examined informant
Karishma Arjun Pawar as PW 1 at Exh.8.
As to point No.1 to 4 :
6. The informant Karishma Arjun Pawar was examined. She deposed
that accused no.1 is her husband and other accused are nearest relatives of
accused no.1. She also deposed that her marriage was solemnized on
14.12.2015 with accused no.1 at Dharavi, Mumbai and she went for
cohabitation at her matrimonial home. She further deposed that minor
quarrel has been took place with accused and due to misunderstanding she
has informed to the police. She also deposed that nothing was happened
on the day of incidence. The informant not supported the prosecution
case. The said witness has not deposed anything against the accused.
7. In such circumstances no incriminating evidence has come on record
against the accused. During cross examination witness admitted that she is
not ready to proceed against the accused and not ready to examine any
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witness. Now she and accused are cohabited. She has also filed
compromise pursis on record. The prosecution thus failed to establish guilt
of the accused for the offences leveled against the accused. The benefit of
the situation has to be awarded to the accused and therefore, I answer
point no.1 to 4 in negative.
As to point no.5 :
8. The prosecution failed to prove that accused no.1 caused hurt and
also gave abuses on informant’s character. Other accused also gave mental
and physical harassment to get separate from accused no.1. Also
threatened her to kill. Hence, I answer point no.1 to 4 in the negative.
The prosecution failed to prove the guilt of the accused beyond reasonable
doubt. Hence, I hold that accused are liable to be acquitted. Accordingly, I
answer the point no.5 and pass the following order :
ORDER
i. The accused no.1. Arjun Maruti Pawar, 2. Rupa Maruti Pawar, 3.
Karan Maruti Pawar and 4. Maruti Bhima Pawar are acquitted as per
Sec.248 (1) of the Code of Criminal Procedure, 1973 from the offences
punishable under Section 498 (A), 323, 504, 506 r/w 34 of The Indian
Penal Code.
ii. The bail bond of the accused stands cancelled.
iii. Accused be complied provisions of U/Sec.437 (A) of Cr.PC.
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iv. Dictated and pronounced in open court.
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
Date : 08.08.2019 12th Court, Bandra, Mumbai
srp.
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