NIVRUTTI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition is fled under Article 226 and 227 of the Constitution of India and under Section 482 of the Code of Criminal Procedure for quashing of the F.I.R.

(2.) Facts giving rise to this petition are that the respondent No. 2 is the wife of the petitioner. She married petitioner on 14.5.2017. After marriage, the petitioner did not treat the respondent No. 2 well. He would beat her and would call her a prostitute and that she earns money by doing business of prostitution. It is further alleged that the petitioner married the respondent No. 2 for the sake of others as the petitioner is homosexual. On 1 st January, 2018, the petitioner called her up and abused her in flthy language. Again on 27 th and 28th February, 2018, he sent WhatsApp message to the respondent No. 2 calling her prostitute and that she earns money by doing business of prostitution. It is further alleged that the petitioner had made phone calls to his relatives also. Accordingly, she fled an F.I.R. on 5.3.2018 on the basis of which ofence under Sections 294 , 500 , 506 and 507 of the Indian Penal Code has been registered against the petitioner.

(3.) Heard Shri. Shambhuraje V. Deshmukh, learned counsel for the Petitioner Shri R.D. Sanap, learned A.P.P. for the Respondent No.1/ State and Shri. Kiran Nagarkar Advocate h/f, Smt. Smita S. Kulkarni learned counsel for the Respondent No. 2.