Bombay HC (Nagpur bench) quashed FIR against Retd. Civil Judge

Bombay HC Observes Intrusion In Academic Matters Amounts To Judicial Over-Reach & Stepping Into Domain Of Other Organs Of State

The Bombay HC (Nagpur bench) has quashed an FIR against a Retd. Civil Judge (Senior Division) and his family members.

An FIR was registered against Gautam Diwekar, his wife Anusuya, his son pankaj (Husband of the complainant), Anita Telang (Sister-in-law of the caomplainant), Niranjan Telang (Brother-in-law of thr complainant) for the offences under sections 498A, 34, 504 & 506 of the Indian Penal Code by Vima Diwekarthe Daughter-in-law of the retd. Judge had filed a complaint against him and family members at Avdhootwadi Police Station, Yavatmal.

The HC’s division bench of Justice Vinay Deshpande and Justice Anil Kilor allowed bothe the applications of the Judge and his family and quashed the FIR against them.

The complainant alleged that she was harassed by her husband just after her marriage for dowry of Rs. 3lakhs and was also mentally and physically harassed by the other petitioners and has also alleged that there was threat to her and her childrens.

Advocate Kartik Shukul assisted by Abhilash Shriwas appearing for the petitioners 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.

He also submitted that the FIR was filed 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 the Retd. Judge. and after making attempts and failing to get back the possession the FIR was made to harass the petitioner.

Swikritimala Dubey
I am Ms. Swikritimala Dubey and my aim is to help everyone who come across me with all the knowledge I have. I am a law graduate from law College Dehradun, Uttaranchal University. I wish to develop a society which has high expectation and achievements in the field of law and create a great place for learning which is of utmost importance for me.  A community of lifelong learners, responsible global citizens and champions of our own sucess is what I believe in.