SURESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In-laws of respondent no.2 complainant are seeking exercise of powers under Sec. 482 of the Code of Criminal Procedure (Cr.P.C.) for quashing FIR bearing No. 222 of 2018 registered at Ambhora Police Station, Tq. Ashti, Dist. Beed, which was registered for offence punishable under Ss. 498-A, 323, 504, 506 read with Sec. 34 of Indian Penal Code (IPC).

(2.) According to respondent no.2, after her marriage with non applicant husband Akash, she went to reside with him and in-laws who were residing jointly. She has alleged that after two months of cohabitation and stay with husband and in-laws, she was subjected to mental and physical cruelty on petty counts. There used to be taunting and comments, saying that, she is not fit to be daughter-in-law of their house. She has alleged that nobody talked to her and whenever she attempted to do so, she was insulted. According to her, one day, all in-laws i.e. husband, parents-in-law and brothers-in-law told her that she should arrange Rs.20.00 lakh for purchasing a flat at Chembur and also Rs.10.00 lakh for setting up a petrol pump at Sabalkhed. They also said that if the amount is not arranged, she should take that she cannot cohabit. She has alleged that, mother-in-law use to instigate husband and brothers-in-law to give beating to her if she failed to bring money. Moreover, that when her husband and in-laws came at Sabalkhed, they complained that her mental treatment is going on and that this aspect was suppressed from them, and thereafter, they again demanded Rs.30.00 lakh and on failure, threatened not to allow complainant to return for cohabitation. She has alleged beating at the hands of husband for failure to bring money and that she was forcibly dropped at her parent's house. While she was made to stay at Sabalkhed and that time she was kept alone and moreover kept starved. She has alleged that nephew of father-in-law, namely Yogesh Dadasaheb Ekshinge (Accused No.7), Dadasaheb Baburao Ekshinge (Accused No.8) and Padminibai Dadasaheb Ekshinge (Accused No.8) also talked to her in filthy language and also uttered about her infidelity and as ill-treatment became severe, she was brought to her parent's house and hence she has implicated names of her husband and inlaws. On the strength of above complaint, police have investigated the crime and charge-sheeted accused persons and such crime and charge-sheet is now sought to be quashed and set aside by exercising the powers under sec. 482 of Cr.P.C.

(3.) We have heard both sides at length.