The Bombay High Court in the case Shailendra Kumar Dubey v. The State of Maharashtra observed that a match-maker, who praised the groom before the prospective bride’s family, the groom cannot be charged with cheating merely because the man who allegedly treated the woman badly and the man is now being accused of domestic violence.
The division bench comprising of Justice Revati Mohite Dere and Justice Prithviraj Chavan in the case observed and has quashed the FIR against the matchmaker, a senior banker who is booked for the offences along with the husband and his family.
The bench observed that this is nothing but the abuse of process of law by the Investigating Officer which cannot be countenanced. Therefore, the allegations made in FIR and the final report under Section 173 of the Code of Criminal Procedure, even if it is being taken to their face value and accepted in their entirety which do not prima facie constitute any offence or to make out a case registered against the applicant.
In the present case, the court heard the petition filed by one, Shailendra Kumar Dubey who is employed as an Assistant General Manager, for Bank of India in West Bengal, for quashing of the FIR registered against Shailendra Kumar Dubey in 2019. He along with others, was booked in the case registered under Section 376, Section 377, Section 498A, Section 354, Section 506(2), Section 420, Section 406, reading with Section 34 of the Indian Penal Code, 1860.
The women in her complaint stated that in 2018 their marriage was being solemnized at Hotel Lalit in Goa. Therefore, after the marriage she was being subjected to mental and physical cruelty as well for the dowry demands. It has also been alleged by her that Dubey cheated them by exploiting her father sentimentally, wherein praising her husband and in-laws and stated that they are decent, refined and cultured and that the boy also have a very good job in the foreign country.
The bench observed that in the said case it cannot be an offence, even remotely if the court attracts the ingredients of Section 406 or Section 420 of the Indian Penal Code, 1860. The court also observed the case State of Haryana &Ors. Vs. Bhajan Lal &Ors, wherein the court laid down the guidelines for quashing of the FIR, and the court stated that it is a fit case to invoke jurisdiction under Section 482 of the Code of Criminal Procedure and under Article 226 of the Constitution of India.
The counsel, Ms. Jasmin Puranii/b Mr. Rahul Agrawal appeared for the petitioner.
APP for the State, Mrs. P.P. Shinde.
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