LAWS(SC)-2018-7-141

RAGHUVIR Vs. THE STATE OF MAHARASHTRA AND ANR.

Decided On July 13, 2018
RAGHUVIR Appellant
V/S
The State of Maharashtra And Anr. Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment dated 14.11.2017 passed by the High Court of Judicature at Bombay, Nagpur Bench, in Criminal Application (APL) No. 617 of 2016, wherein the High Court dismissed the petition filed by the appellant herein under section 482 of the Code of Criminal Procedure, 1973.

(3.) Brief facts leading to this appeal are that the second respondent and the appellant married in the Year 2011 at Nanded, Maharashtra. According to the second respondent/wife, she was subjected to ill-treatment on account of demand of money at the instance of the appellant and his family members; a First Information Report was lodged at the Police Station Aarni, District Yavatmal and the same came to be registered for the offence under Section 498-A read with Section 34 of the Indian Penal Code. The First Information Report was questioned by the appellant herein alongwith other accused/family members of the appellant under section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the proceedings. Initially the High Court of Judicature at Bombay, Nagpur Bench, granted interim order staying the investigation based on the First Information Report filed by the second respondent. However, after hearing, the petition came to be dismissed so far as appellant is concerned. In respect of other accused, the proceedings were quashed. Despite service of notice, none appeared for respondent no.2 before this Court. Therefore, an Amicus Curiae has been appointed to defend respondent no.2.