SHAIKH SHAKEEL Vs. DISTRICT SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. By consent of parties petition is heard for final disposal. The proceeding is filed by the accused from Regular Criminal Case No. 504/12 pending in the Court of JMFC Ambad, Dist Jalna. The case is filed by police against petitioners for offences punishable u/s. 498A, 323, 504, 506 r.w. 34 of IPC and also for offences punishable u/s 3 and 4 of Dowry Prohibition Act. The investigation was made after giving of the report by respondent No. 3 Sk. Nafiza against petitioners.

(2.) It is the case of petitioners that vague allegations are made against them and even when most of the petitioners had no opportunity or reason to give any ill treatment to the respondent No. 3, they are falsely roped in the case by respondent No. 3. They are relatives of the husband. It is also contended that the delay caused in filing of the report shows that false case is filed. Petitioner No. 1 is the husband of respondent No. 3 and petitioner Nos. 2 and 3 are parents of petitioner No. 1. Petitioner No. 4 is brother of petitioner No. 1 and petitioner No. 5 is sister of petitioner No. 1. Petitioner No. 6 is the maternal uncle of petitioner No. 1 and petitioner No. 7 to 11 are the relatives of petitioner No. 6.

(3.) Copy of charge sheet and copies of police papers are produced. The marriage between respondent No. 3 and petitioner No. 1 took place in the year 2010. She has made allegations that the accused were not happy with the dowry of Rs. 35000/- given at the time of the marriage and after marriage, they started asking her to bring Rs. 1.5 lakhs from her parents. It is her case that the accused persons were abusing her and on few occasions they gave beating to her. She has described a specific incident dated 21/9/12 and she has contended that on that day, they picked up quarrel on the aforesaid ground and ultimately, they drove her out of the matrimonial house. During investigation, police recorded statements of relatives of complainant and other witnesses.