Order Below Exh. 1 in Cri. B. Appln. No. 677/2022
(CNR No. MHNS 010026842022)
Vijay Sanjay Khole Vs. State.
Heard:
Ld. Adv. Mr. R. J. Kasliwal for the applicant.
Ld. A.P.P. Ms. S. S. Sangle for the State.
Perused the say of the inverventionist.

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 applicant/accused No. 1 is the husband of the deceased.
2.

Ld. Adv. for the applicant has submitted that the
applicant has 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 applicant : one
pertains to demand of money of ₹3,00,000/­ and the other
pertains to him having an extra­marital affair with a person
called Vasanti. There is no question of demanding money since
the applicant is well­to­do.

In fact, applicant has relied on
extract of Bank transaction to show that he 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 there is nothing on
2
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 applicant is
necessary. There are serious allegations against the applicant.
4.

Applicant
has
complied
with
the
terms
and
conditions imposed by the Court while granting interim relief.
No recovery needs to be made from him. Perusal of the FIR
indicates that there are primarily two allegations against the
applicant : one pertains to demand of money of ₹3,00,000/­ and
the other pertains to the applicant 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 applicant 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:
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
13:03:04
+0530
Mridula Bhatia
District Judge­2 and Additional
Sessions Judge, Nashik.