NIRMALABAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present application filed under Sec. 482 of the Code of Criminal Procedure, the applicants who are original accused are praying for quashing of FIR No. 101/2021 registered with Police Station Murum, Taluka Omerga, District Osmanabad, for the offences punishable under Ss. 498-A, 323, 504, 506 read with 34 of the Indian Penal Code, and further for quashing the charge-sheet No. 69/2021 along with the proceeding bearing RCC No. 155/2021 pending before the learned Judicial Magistrate First Class, Omerga, District Osmanabad.

(2.) The respondent No. 2 has lodged FIR. It is the case of the respondent No. 2 in FIR that the applicant No. 4 and respondent No. 2 got married on 13/12/2009 as per Hindu rites and customs by following all rituals and by giving articles at Ahmedpur. Out of the said wedlock, the respondent No. 2 has begotten two daughters namely Purva and Shrayu. Purva is studying in 4th standard, whereas Shrayu is studying in Nursery. After marriage, respondent No. 2 was treated well for the period of two to three years. From the year 2013 onwards, all the accused started demanding monies and ill-treated her. They demanded amount of Rs.2.00 Lakhs for purchasing Television and Cot (Diwan). They used to insult her by saying that she is a woman having bad omen, she cannot give birth to a male child and she does not have good looks. She was not provided food and she was ill-treated physically and mentally by the applicants. Applicant No. 1 mother-in-law and applicant No. 4 husband have also beaten her and driven her out of matrimonial house along with her two children and as such she is residing at her parents house since last one month.

(3.) It is further stated that on 9/5/2021 at about 7 a.m., applicant Nos. 2 to 5, 7 and 9 came to her parent's house and demanded custody of daughters, however, on refusal; the above said applicants had beaten her by kicks and blows, so also she was threatened of life by the above said applicants. Hence, she filed complaint with the Police, which was registered as FIR.