PRANITA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present application filed under Sec. 482 of the Code of Criminal Procedure, the applicants who are arrayed as accused Nos. 4 and 5, are praying for quashing and setting aside First Information Report vide Crime No. 137/2021, registered with Police Station Shirsala, Tq. Dharur, District Beed, for the offences punishable under Ss. 498-A, 323, 504, 506 read with 34 of the Indian Penal Code and for quashing of charge-sheet bearing No. 111/2021 which is culminated into RCC No. 04/2022, which is pending before Judicial Magistrate First Class, Dharur, District Beed. A. FACTS :

(2.) The respondent No. 2 has lodged FIR which is registered as Crime No. 0137 of 2021. It reports that the respondent No. 2 got married with Santosh Madhukar Sarvade on 8/5/2014, as per hindu rites and customs by following all rituals and respects and by giving articles. Said marriage was performed by her parents at village Didurd. After marriage she went at her matrimonial house for cohabitation, there her husband and in-laws treated well for two years. It is further alleged that, thereafter her in-laws asked her to bring Rs.6.00 Lakhs for the business of sell and purchase of vehicles and for finance purpose of her husband Santosh and started to tease her by giving physical and mental harassment and troubling her. She told the said demand to her parents and brother, whenever she use to visit her parental house on festival occasions or in ordinary visits to her parents.

(3.) It is further alleged that, her parents gave understanding to the accused persons as their financial position is very poor, they showed their inability to pay. The complainant / informant gave the reply in above manner. However, the in-laws were not ready to listen and were giving continuous trouble and harassment to her. Though there was harassment, she resided with her husband with a hope that there would be change in the nature. However, her husband and in-laws asked her to bring the amount demanded by them, otherwise they will not allow her to cohabit and since last three to three and half years, they have driven her out of house along with her son. Thereafter, she along with her parents, brother and other relatives have tried to convince the in-laws and her husband. However, the accused persons did not concur with the same. As such, she filed a complaint with the Mahila Takrar Nivaran Kendra Beed, however, there also her husband and other members from her matrimonial house did not come. Thereafter her in-laws came at her parental village Mohkhed and abused her and threatened to kill her as to why she has given application against them with the Mahila Takrar Nivaran Kendra, Beed. On 15/7/2021, one letter was given from Mahila Takrar Nivaran Kendra Beed, directing her to take appropriate steps; and as such, she filed complaint with the respondent No. 1 police station, thereby, requesting to take action against the accused persons. On the basis of above said complaint offence bearing Crime No. 137/2021 came to be registered with Police Station Shirsala, Tq. Dharur, Dist. Beed for the offence punishable under Ss. 498-A, 504, 506 read with Sec. 34 of the Indian Penal Code.