VIKAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure challenging the First Information Report No.411/2014 dated 29/07/2014 under Section 498-A read with Section 34 of the Indian Penal Code and consequent charge sheet No.283/2016 pending before the Judicial Magistrate First Class, Court No.7, Nagpur for the offence punishable under Section 498-A read with Section 34 of the Indian Penal Code.

(2.) The First Information Report came to be registered against the applicants on 29/07/2014 with the accusation that the marriage between the non-applicant No.2 and the applicant No.1 was performed on 09/07/2010. It is further alleged that after the marriage, the applicants treated the non-applicant No.2 with cruelty by physically and mentally harassing the non-applicant No.2. It is alleged in the First Information Report that the non- applicant No.2 resided with the applicant No.1 and other family members of the applicant No.1 till 14/05/2011. It is further alleged that it is only when in the month of March, 2014 when the non-applicant No.2 got knowledge about the second marriage performed by the applicant No.1, the non-applicant No.2 filed First Information Report which is challenged in the present application. It is alleged in the report by the non-applicant No.2 that the applicants treated the non-applicant No.2 with cruelty from 09/07/2010 till 14/05/2011. It is alleged that the applicants have directly or indirectly called upon the non-applicant No.2 and her father to pay an amount of Rs.7,00,000/- to Rs.8,00,000/- for the construction of house. It is further alleged that since the non- applicant No.2 and her father refused to pay amount of Rs.7,00,000/- to Rs.8,00,000/- for the construction of house of the applicant No.1, the applicants harassed physically and mentally to the the non-applicant No.2.

(3.) The applicants have, therefore, filed present application challenging the registration of First Information Report. This Court on 18/09/2014 issued notice to the non- applicants and by way of ad-interim relief, it was directed that no coercive action be taken against the applicants. This Court on 25/11/2014 issued Rule and continued the interim relief which was already granted by order dated 18/09/2014.