The Nagpur bench of the High Court of Bombay has quashed a Police complaint against a retired Civil Judge (senior division) and his family members.
Vima Diwekar, the daughter-in-law of the petitioner, had filed a complaint against him and family members at Avdhootwadi Police Station, Yavatmal.
Subsequently, an FIR was registered against petitioner Gautam Diwekar, his wife Anusuya, son Pankaj (husband), Anita Telang (sister-in-law), Niranjan Telang (brother-in-law) and Savita Bagde (sister-in-law) for offences under sections 498A, 34, 504 & 506 of the Indian Penal Code.
The complainant alleged that the accused husband began harassing her immediately after marriage and pressured her to get dowry of Rs3 lakh from her parents.
Vima also alleged that she was mentally and physically harassed by petitioners and they wanted her to leave the home. She alleged that there was a threat to her and her children’s lives.
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Petitioners’ lawyer Kartik Shukul assisted by Abhilash Shriwas argued that the FIR was an afterthought and there is no evidence to suggest that the allegations made by the complainant are true. There is a delay of 11 years in filing the FIR, they contended.
According to petitioners, the FIR was filed only after the SDO passed an order under the ‘Maintenance & Welfare of Parents & Senior Citizens Act - 2007’, whereby he had granted possession of the house to Diwekar.
Having failed to retain possession of the apartment, the FIR was filed to harass the petitioners, the counsel said and added that the house was in the name of petitioner judge and it was duly reflected in the revenue records.
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A division bench comprising justices Vinay Deshpande and Anil Kilor allowed both the applications of Judge and his family members, thereby quashing the FIR registered against them.
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