Final Order 1

Order Details: Copy  of Judgment
Pdf Text: - 1 - C. C. No. 1257 / PW / 2018.
C/S filed on : 08.05.2018.
Decided on : 17.02.2021.
Duration : 2 Y, 9 M & 9 D
Exh. 12.
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
10TH COURT, ANDHERI, MUMBAI.
(PRESIDED OVER BY R. R. KHAN)
(a) The serial number of the
case.
: C. C. No. 1257 / PW / 2018.
(b) The date of the
commission of the
offence.
: During the period from
17.04.2016 till 17.06.2017.
(c) The name of the
Informant.
: The State (D. N. Nagar Police
Station in C. R. No.384/2017)
(d) The name of the accused
persons and their
parentage and residence;
: 1) Prashant Sakharam Thik,
Age : 37 years, Occ : Service,
Res : Andheri (W), Mumbai.
2) Smt. Rekha Atmaram
Mistri,
Age : 42 years, Occ : Service,
Res : Nala-Sopara, Dist-Palghar.
3) Smt. Shilpa Sakharam Thik,
Age : 41 years, Occ : Service,
Res : Andheri (W), Mumbai.
(e) The offence complained
of
: Under sections 498-A, 504, 506
r/w 34 of the Indian Penal
Code.
(f) The plea of the accused
and their examination.
: The accused pleaded not guilty.
(g) The final order : All the accused are acquitted.
(h) The date of such order : 17.02.2021.
(i) Brief statement of reasons : As recorded herein below.
Assistant Public Prosecutor : Shri P. S. Sapkale.
Advocate for all the accused : Shri U. K. Tripathi.
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- 2 - C. C. No. 1257 / PW / 2018.
ORAL JUDGMENT UNDER SECTION 355 OF THE CODE OF
CRIMINAL PROCEDURE.
The accused are facing trial for the offences punishable
under sections 498-A, 504, 506 r/w 34 of the Indian Penal Code.
2 In order to prove the guilt of the accused, prosecution has
examined only one witness. The evidence of informant PW1 Smt.
Priyanka Prashant Thik at Exh.11 came to be recorded. She has
furnished the copy of Judgment alongwith consent terms
regarding Family Court. As no incriminating evidence has come on
record against the accused, hence, their statement under section
313 of the Code of Criminal Procedure is dispensed with. I have
heard Shri P. S. Sapkale, Ld. APP for the State and Shri U. K.
Tripathi Ld. Advocate for the accused at length. I have perused the
evidence on record very minutely and carefully.
3 In so far as evidence on record is concerned, PW1 Smt.
Priyanka Prashant Thik is the informant and sole aggrieved of this
case. She has not supported the case of prosecution. The
prosecution has cross-examined her at length, but, in vain. Per
contra, she has denied the incidents of demanding of dowry as
well physical and mental harassment, abuses and threat. She has
also filed an application at Exh.10 quoting therein that she do not
want to proceed with the case. Additionally, she has filed copy of
judgment and consent terms on record which was executed before
Family Court. On oath also she deposed that she do not want to
proceed with the case. Furthermore, the Ld. APP and defence and
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- 3 - C. C. No. 1257 / PW / 2018.
victim uniformly requested this Court for closure of case on
account of their settlement. Hence, in view of non support of this
most relevant witness, the allegations leveled against accused
cannot be proved in any manner. Hence, I am satisfied to acquit
the accused by passing following order -
O R D E R
i Accused nos. 1) Prashant Sakharam Thik,
2) Smt. Rekha Atmaram Mistri and 3) Smt. Shilpa
Sakharam Thik are acquitted of the offences
punishable under sections 498-A, 504, 506 r/w 34
of the Indian Penal Code vide Sec. 248 (1) of the
Code of Criminal Procedure.
ii Bail bonds of all the accused stand
cancelled.
iii All the accused shall furnish bonds of
Rs.10,000/- by each under section 437(A) of the
Code of Criminal Procedure.
Dt. 17.02.2021. (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
Sat.
Dictated on : 17.02.2021.
Transcribed on : 17.02.2021.
Signed on : 17.02.2021.
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