JITENDRA HARJIVANDAS SOLANKI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned APP for the State/Respondent No.1. Nobody is present for Respondent No.2.

(2.) THE petition is filed by the petitioner/husband for quashing the complaint filed by the Respondent No.2 - wife against him for the offence under Sections 420 and 498A of the Indian Penal Code in the Court of Metropolitan Magistrate, 23rd Court, Esplanade, Bombay vide Criminal Case No.137 of 1992.

(3.) A perusal of the complaint on record page 28 Exhibit B shows that it was filed in 1992 i.e. 8 years after the marriage which took place on 3.5.1984. Lapse of such a long time between the marriage and filing of complaint, particularly for matrimonial offence like harassment for the purpose of dowry, is a factor taking into consideration which devaluates the case of the complainant.