JAMELSAB Vs. RAZIYA BEGUM

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the learned counsel for the respondent.

(2.) This petition is filed under section 482 of Crimial P.C. seeking to quash the order dated 16.06.2014 passed in C.C.No.532/2014 (P.C.No.118/2013) on the file of Civil Judge and JMFC, Shahapur.

(3.) It is the case of the prosecution that the respondent/complainant is the legally wedded wife of Mohd.Syed Miya son of petitioner No.1 herein and brother of petitioner Nos.3 to 5 and petitioner No.2 is the wife of petitioner No.3. It is stated that marriage of accused No.1 and the respondent took place about two years back according to the custom in the Muslim community. The complainant has stated in her complaint that her parents have given cash of Rs.50,000.00 and two tola gold as dowry. She has further alleged in the complaint that after the marriage she lived along with her husband and the petitioners at village Mangalgi, taluka Humnabad. Since last six months, her husband accused No.1 and other accused persons started ill-treating her demanding gold and money and her husband accused No.1 is addicted to bad habits like drinking and he is having illegal relationship with another lady. Thereby he neglected the complainant. On these allegations, the respondent filed a private complainant before JMFC Shahapur in PCR No.118/2013 for the offences under Sections 498A of Penal Code and the said complaint is pending. In the meanwhile she filed another complaint before Manna Ekhelli Police for the offences under Sec. 498A, 323 R/w 34 of Penal Code and the police after investigation submitted the B Final Report which was accepted by the jurisdictional Court and closed the matter. Petitioners have further stated that subsequent to accepting the B-report, the respondent-complainant has pursued her private complaint before the JMFC, Shahapur in PC No.118/2013 on the same allegations against the petitioners and her husband and the learned Magistrate has taken cognizance of the alleged offences under Sec. 323, 498A, 504, 506 of Penal Code and ordered to registered the case, after recording sworn statements of the complainant and witnesses for the said offences by the impugned order dated 16.06.2014. Accordingly, CC No.532/2014 was registered against accused No.1 to 7. The petitioners herein have been arrayed as accused No.2, 4 to 7 and they have filed this petition seeking to quash the proceedings.