ANUSAYA GANGARAM SAGARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition, under Article 226 of the Constitution of India, has been filed for quashment of the First Information Report ('F.I.R.'), being Crime No. 110 of 2022 registered with Bamni Police Station, Dist. Parbhani for the offences punishable under Ss. 498-A, 323, 504 and 506 and read with Sec. 34 of the Indian Penal Code and consequential charge-sheet filed in R.C.C. No. 35 of 2023 pending on the file of J.M.F.C., Jintur.

(2.) The F.I.R. has been lodged by the informant on 15 th September, 2022. The petitioners before us are the step-mother, step-sister and step- brother-in-law of the informant. It has been averred in the F.I.R. that the informant married co-accused - Vijay in March 2020. Her husband has been serving with State Transport Corporation as a driver. He was addicted to alcohol. The petitioners would instigate the informant's husband to ill-treat her so as to force her to fetch Rs.3.00 lakh from her parents for purchase of plot at Jintur. They would also starve her. The informant, therefore, went to her parental home and related them her woes. The demand of Rs.3.00 lakhs could not be met on account of poor financial status of the informant's parents.

(3.) Learned counsel for the petitioners would submit that relations between the informant's husband and the petitioners is of step relationship. The husband has real sister and brother as well. Petitioner No.3 - step brother-in-law had been staying at Nanded to pursue his education. The same has been admitted by the informant in her supplementary statement. Close reading of the supplementary statement would indicate that according to the informant, Petitioner No.3 - step brother-in-law of the informant would visit her matrimonial home at Jintur every Sunday and used to ill-treat her. According to learned counsel for the petitioners, since the allegations/ averments in the F.I.R. and police statements of relations of the informant are general and omnibus, allowing the petitioners to face trial based on such material would be an abuse of process of Court.