SATYANARAYAN PATHAK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned advocate for the petitioners-original accused Nos.1 to 4, learned advocate for respondent No.2- original complainant and learned APP for the State.

(2.) '' The petitioners are seeking quashing of MECR No.1 of 2010 registered against them by Kurla police station on 2nd April 2010 for the offence under Sections 364, 365, 452, 498 read with 34 of IPC. The said case is numbered as CC No.1/SW/2010 and is pending before the learned Metropolitan Magistrate, 51st Court, Kurla, Mumbai. The complainant is the son-in-law of petitioner Nos.1 and 2.

(3.) '' Admittedly, birth date of Neelam is 18th June 1986 which is seen from the certificate produced by respondent No.2. The incident has occurred on 11th February 2009. Thus, at the time of the incident, Neelam was over 22 years of age. The statement of Neelam has been recorded by the police wherein she has stated that she met respondent No.2 in the market. They had tea together. There was some intoxicating substance in the tea, hence she lost consciousness. Thereafter, respondent No.2 took her to some temple and forcibly got married to her. She has specifically stated that said marriage was against her wishes. Thereafter, she was brought to Mumbai by respondent No.2. She has stated that some days thereafter, respondent No.2 told her to bring Rs.two lacs from her parents and left her at the railway station to go to the parents' house, hence Neelam went to the house of her parents. Thereafter, respondent No.2 threatened her parents to send Rs.two lacs or there would be danger to the life of Neelam.