PRADIP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By way of instant proceedings, applicants herein are seeking exercise of powers u/s 482 of Cr.P.C. for quashing and nullifying crime vide FIR No. 270 of 2021 registered at Amalner Police Station, District Jalgaon for the offences punishable under Sec. 498-A, 323, 504, 506 of IPC and the consequential charge sheet vide R.C.C. No. 25 of 2022 pending on the file of learned Judicial Magistrate, First Class, Amalner.

(2.) Respondent no.2 herein, who is wife of applicant no.1, has set the law in motion alleging that after getting married to applicant no.1, initially she was treated properly by her husband and in-laws i.e. the applicants herein. She has alleged that subsequently, they all indulged in maltreating her on one or other count. On the instigation of applicant nos. 2 to 8, husband as well as all other applicants beat and abused her. Demand of Rs.1,00,000.00 was raised by all applicants for purchasing house and as she failed to raise the amount, she was beaten, abused and driven out of the house. Hence the complaint.

(3.) Learned counsel for the applicants appraised this court about the date of marriage and relations of applicant nos. 2 to 8 with respondent no.2. He would take us through the FIR and would submit that instant complaint is merely out of annoyance and vengeance as complainant herself was not interested in cohabiting and continuing her marital tie with applicant no.1. Therefore she started levelling vague, baseless allegations not only against her husband with whom she had rancor, but also against her entire in-laws even when they had no concern whatsoever with the marital discord between her and applicant no.1. He pointed out that the above complaint being false and baseless is a sheer abuse of process of law and therefore, according to him, applicants cannot be made to face trial with allegations of such nature.