Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 C. C. NO. 178/PW/2018
(Judgment)
MHMM190005182018
Received on : 10/01/2018,
Registered on : 10/01/2018,
Decided on : 03/12/2021,
Duration : 03 Y. 10 M. 23 D.
Exh. : 05
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
RAILWAY MOBILE COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY IMRAN R. MARCHIYA)
(JUDGMENT U/SEC. 355 OF CODE OF CRIMINAL PROCEDURE)
(a) The serial No. of the case; : 178/PW/2018
(b) The date of commission of
the offence;
: From September 2016 to
13/01/2017
(c) The name of the complainant
(if any);
: The State (Oshiwara Police
Station in C. R. No. 67/2017).
(d) The name of the accused
person and their parentage
and residence;
: 1. Manoj Adinath Suryavanshi,
Age : 30 Yrs Occ : Service,
2. Adinath Dularam Suryavanshi,
Age : 50 Yrs Occ : Retired,
3. Mahananda Adinath
Suryavanshi,
Age : 45 Yrs Occ : Housewife,
All accused r/o. Room No. 30,
Rock Pariera Chawl, Near King
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2 C. C. NO. 178/PW/2018
(Judgment)
Crist Church, Kranti Nagar,
Behrambaugh, Jogeshwari
(West), Mumbai 400 102
(e) The offence complained of
or proved ;
: Under Sections 498A, 323 and
504 read with section 34 of the
Indian Penal Code.
(f) The plea of the accused and
their examination (if any);
: The accused pleaded not guilty.
(g) The final order; : The accused are acquitted.
(h) The date of such order; : 03/12/2021,
Mr. Shah, APP for the State.
Mr. Acharekar, Advocate for the accused.
J U D G M E N T
(Delivered on 03/12/2021)
1. The accused are prosecuted for the offences punishable under
Sections 498A, 323 and 504 read with Section 34 of the Indian Penal
Code.
2. In brief, it is the case of the prosecution that the informant
Ruchira Suryavanshi and accused no.1 got married on 20/09/2016 at
Bandra Court. It was a love marriage. Accused no.2 is fatherinlaw and
accused no.3 is motherinlaw of the informant. In October 2016 the
informant and accused no.1 shifted to Virar. Accused no.1 used to force
the informant to drink liquor. He used to physically and verbally abused
the informant. The accused used to demand money from the informant.
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(Judgment)
On 13/01/2017 accused no.3 hurled abuses against the informant and
accused nos. 1 and 2 beat her. Thereafter, accused no.1 drove the
informant out of the house. Since then the informant started residing at
the house of her parents. On 23/02/2017 the informant lodged report
against the accused.
3. On the basis of the report given by the informant, crime no.
67/2017 came to be registered against the accused for the offences
punishable under Sections 498A, 323 and 504 read with 34 of the Indian
Penal Code. During investigation I.O. recorded statement of witnesses.
He arrested the accused. After completion of investigation, I.O. filed
chargesheet against the accused.
4. I framed charge (Exh.P2) against the accused for the
offences punishable under sections 498A, 323 and 504 of the Indian
Penal Code. The accused pleaded not guilty and claimed to be tried. The
prosecution has examined only the informant. As no incriminating
evidence came on record against the accused, their statement under 313
of the Code of Criminal Procedure came to be dispensed with.
5. The points for determination alongwith my findings thereon
as under :
POINTS FINDINGS
1] Does the prosecution prove that the accused
in furtherance of their common intention,
subjected the informant to cruelty ?
No
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(Judgment)
2] Does the prosecution prove that the accused
in furtherance of their common intention,
voluntarily caused hurt to the informant ?
No
3] Does the prosecution prove that the accused
in furtherance of their common intention,
intentionally insulted the informant ?
No
4] What order ? The accused
are acquitted.
REASONS
AS TO POINT NOS. 1 TO 3 :
6. These points are interconnected with each other, therefore,
they are taken up together for consideration and determination.
7. The informant Ruchira Suryavanshi (P. W. 1) deposes at
Exh.P04 that she got married with accused no. 1 in the year 2016. It was
a love marriage. After marriage she started residing at her matrimonial
house at Virar. After marriage there was difference of opinion between
her and accused no. 1 on many issues. Thereafter, she left the house of
the accused and she started residing with her parents. In anger she lodged
F.I.R. against the accused. The informant did not support the case of
prosecution. During cross examination of learned A.P.P., the informant
denied that after marriage the accused started harassing her physically
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(Judgment)
and financially. She denied that on many occasions accused no. 1 beat
her. She also denied that the accused used to hurl abuses against her and
used to demand money from her. The informant admitted that the
dispute between her and the accused is compromised. During cross
examination by learned advocate of the accused, the informant stated that
as per compromise they have decided to take mutual consent divorce
through Family Court and she has agreed to withdraw all the cases. She
also stated that due to compromise she does not want to proceed with the
case and she want to close the matter.
8. I have gone through the evidence of the informant. The
informant has not supported the case of the prosecution. The informant
and the accused have filed compromise pursis (Exh.3) on record. From
the record it is clear that due to compromise between the parties, the
informant has not stated anything against the accused persons. No
incriminating evidence came on record against the accused persons. The
prosecution failed to prove the charges levelled against the accused.
Hence, I answer point nos. 1 to 3 in the negative.
AS TO POINT NO. 4 :
9. The prosecution failed to prove guilt of the accused.
Therefore, accused are liable to be acquitted. In the result, in answer to
point no. 4, I pass the following order.
ORDER
1 The accused are acquitted of the offences punishable under
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(Judgment)
Sections 498A, 323 and 504 of the Indian Penal Code vide
Section 248 (1) of the Code of Criminal Procedure.
2 Bail bonds of the accused stands cancelled and they be set at
liberty.
3 The accused to execute P. R. Bond of Rs. 15,000/ each with one
solvent surety vide Section 437 – A of the Code of Criminal
Procedure for appearance before the higher court, if said court
issues notice to them for their appearance in the matter in which
present judgment is challenged, if any.
Place : Mumbai.
Date : 03/12/2021.
(Imran R. Marchiya)
Metropolitan Magistrate,
Railway Mobile Court, Andheri, Mumbai.
Dictated On : 03/12/2021,
Transcribed On : 03/12/2021,
Checked and Signed On : 03/12/2021,
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