Order Below Exh. 1 in Cri. B. Appln.No. 668/2022
(CNR No. MHNS 010026142022)
Vaishali Sanjay Khole & 4 others Vs. State.
Heard:
Ld. Adv. Mr. R. J. Kasliwal for the applicants.
Ld. A. P. P. Ms. S. S. Sangle for the State.
Perused the say of the interventionist.

1.

This is an application under Section 438 of the Code
of Criminal Procedure in Crime No.175/2022 registered at
Police Station, Dindori, Dist. Nashik for the offence under
Sections 498­A, 306, 304B, 323, 504 & 506 r/w. Sec. 34 of the
Indian Penal Code. It is the case of prosecution in brief that the
accused (husband and in­laws of the deceased) inflicted physical
and mental cruelty on her due to which she committed suicide.
The applicants herein are the sister­in­laws, brother­in­law and
mother­in­law of the deceased.
2.

Ld. Adv. for the applicants has submitted that one of
the sister­in­laws (applicant No.4) is married and is residing
with her husband (applicant No.5). There is no necessity of their
custodial interrogation. Applicants have complied with the terms
and conditions imposed by the Court while granting interim
relief. The FIR is exaggerated and extrapolated. Perusal of the
FIR indicates that there are primarily two allegations against the
applicants : one pertains to demand of money of ₹3,00,000/­
and the other pertains to the accused No. 1 having an extra­
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marital affair with a person called Vasanti. There is no question
of demanding money since the applicants were well­to­do. In
fact, applicants have relied on extract of Bank transaction to
show that the accused No. 1 had helped the victim’s brother
with a loan of ₹50,000/­. As far as the second allegation is
concerned, it is also false and is against accused No. 1 and there
is nothing on record to substantiate the same. Minor skirmishes
do form a part of the wear and tear of a married life and a no
case under Sec. 306 of the I.P.C. is made out if a person is
hyper­sensitive.
3.

Per contra, Ld. A.P.P. has opposed the application on
the ground that custodial interrogation of the applicants is
necessary. There are serious allegations against the applicants.
4.

Applicants have complied with the terms and
conditions imposed by the Court while granting interim relief.
No recovery needs to be made from the applicants. Perusal of
the FIR indicates that there are primarily two allegations against
the applicants : one pertains to demand of money of
₹3,00,000/­ and the other pertains to the accused No. 1 having
an extra­marital affair with a person called Vasanti. Perusal of
the suicide note indicates that neither of these allegations have
been made therein. Custodial interrogation of the applicants
does not appear to be necessary. In view of the foregoing
discussion, I am inclined to allow the application in terms of the
following order:
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ORDER
1)
Application is allowed.

2)
Interim order dated 31/05/2022 passed below
Exh. 4 is hereby confirmed on the same terms
and conditions.

(Dictated and pronounced in open Court).
MRIDULA
BHATIA
Nashik
04/06/2022
Digitally signed
by MRIDULA
BHATIA
Date:
2022.06.06
12:39:40
+0530
Mridula Bhatia
District Judge­2 and Additional
Sessions Judge, Nashik.