SHAIKH AFREEN SHAIKH ATIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This application has been filed for quashment of the F.I.R. bearing Crime No.389/2019, registered with Jintur Police Station, District Parbhani for the offences punishable under Ss. 498-A, 494, 324, 323, 504, 506 read with Sec. 34 of the Indian Penal Code and Sec. 4 of the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018 and the consequential Charge Sheet No.48/2020, filed before the learned Judicial Magistrate, First Class, Jintur.

(2.) What can be gathered from the F.I.R. and the police papers is that, the respondent No.2 - wife married co-accused Shaikh Ahmed in September 2015. On marriage, she started residing at her matrimonial home along with her husband and in- laws. She was treated well for about first three years of her marriage. The only source of income for the family was the Railway Canteen at Purna Railway Station. The husband, parents-in-law and the other in-laws started harassing and ill-treating her to compel her to fetch Rs.5.00 Lakhs from her parents for opening of a new hotel. Her sister-in-law Afreen had returned from her matrimonial home and started residing with her parents as there used to be frequent quarrels between her and her in-laws. She too instigated the husband and parents-in-law of the respondent - wife to ill-treat her for one or the other reason. Such ill-treatment continued all along.

(3.) In July 2019, again all the in-laws ill-treated her so as to compel her for dissolution of her marriage with the co-accused. The brother-in-law Azhar threatened her of dire consequences. She was even alleged to be infertile and was forced to undergo medical treatment. Later on, husband gave her triple talaq. When she was at her parental house, the husband and parents-in-law came there. They picked up quarrel with her. She was relieved of her Stridhan/ ornaments. As the quarrel took place, the husband dipped her both hands in a boiling water while the parents-in-law assaulted her.