SOFIN ABBAS PATEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. This is an application under Sec. 438 of the Code of Criminal Procedure, 1973. The applicant apprehends arrest in Crime No.302/2013 registered at Hinjewadi Police Station, Pune, for the ofences punishable under Ss. 498A, 406 red with Sec. 34 of IPC. The original complainant i.e. the wife of the present applicant was added as party-respondent. Upon issuance of notice, the complainant has appeared through Advocate Mr. A.Karim Khan Pathan.

(2.) The complainant happens to be the wife of the applicant. She was married to the applicant on 19/5/2012. On 10/7/2013, the complainant i.e. wife of the present applicant lodged a report at Hinjewadi Police Station alleging therein that at the time of the marriage, her father had gifted her about 12 tolas golden jewellery and other valuable items. That her father had spent around Rs.15.00 to 16 lakhs towards marriage expenditure. She had alleged that after a fortnight after the marriage, her husband used to quarrel with her as he was instigated by the mother to do so. Her husband used to return home late at night. He did not have his food with her. He used to avoid talking to her. Her mother-in-law, father-inlaw and brother-in-law had stopped talking to her. Her in-laws had informed her that they would keep her jewellery in the safe custody and had taken away her ornaments. They used to go to Kolhapur on the pretext of work. She used to b e alone at home. Her husband had ignored her. He used to tell her to have her own meal and go to sleep. He had not provided grocery to her and therefore she had to starve. Upon enquiry, he had told her that he disliked her and had got married to her only to satisfy his parents. She was subjected to mental harassment. During that period. she had taken search of his bag and had found a photograph of her husband with another lady. She had also found a letter in the bag. She had disclosed about that to her in-laws. Thereafter, he had started quarelling with her.

(3.) The Counsel representing the complainant submits that the complainant had started residing with her parents since February 2013. The counsel for the applicant submits that the parties had made attempt to resolve the disputes. The said contention is denied by the Counsel for the complainant and he submits that no attempts were made by either of the family to reconcile the relations between husband and wife. It is unfortunate that the elders in the family had not made any attempts to reconcile the disputes between the spouses. On 10/7/2013, the complainant had lodged report at Hinjewadi Police Station on the basis of which Crime No.302/2013 was registered against the present applicant and the other members of the matrimonial family for the offences punishable under Ss. 498A, 406 read with Sec. 34 of IPC.