CHHAYA PRAKASH KOSALGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants have approached this Court under Sec. 482 of the Criminal Procedure Code thereby praying to quash and set aside FIR in Crime No.391/2020 dtd. 14/8/2020 registered with Vazirabad Police Station, Tq. and Dist. Nanded for offences punishable under Ss. 498-A, 323, 504, 506 r/w 34 of the Indian Penal Code as well as charge-sheet/final report bearing no.50/2021 dtd. 22/2/2021 and consequential criminal proceeding in RCC No.230/2021 pending before Chief Judicial Magistrate at Nanded.

(2.) The non-applicant no.2 filed report dtd. 14/8/2020 with Vazirabad Police Station alleging that his daughter Shraddha was married with Swapnil Prakash Kosalge on 7/5/2019. The marriage was mediated by applicant nos.3 and 4. After marriage Shraddha resided in matrimonial home alongwith her in-laws. During her short stay, her father-in-law asked her to bring amount of Rs.5,00,000.00 for medical shop and Rs.20,00,000.00 for office purchase at Pune from parents so also demanded travel expenses towards air tickets for Chicago, United States of America. The Shraddha told her mother about such demands raised within a period of seven days of marriage. The mediators i.e. applicant nos.3 and 4 were given idea about such demand and ill-treatment. Thereafter, on visit of informant to matrimonial house of Shraddha alongwith mediators, she disclosed about ill-treatment meted to her and expressed apprehension to life. The mediators also supported the demand of in laws. After two days amount of Rs.1,00,000.00 was handed over to Swapnil. On 17/5/2019 the Swapnil and Shraddha left to Unites States. However, within short stay in USA, Shraddha came to know about extra marital affair of Swapnil and the fact that Swapnil had performed marriage with her only with intention to extract money. She had also informed that she had been subjected to assault by Swapnil and he made her to suffer starvation. Further, she was asked to consume pills as advised by brother-in-law i.e. Dr. Sourabh.

(3.) Since, Shraddha suffered ill-treatment, on 11/9/2019 her mother and brother had been to USA. They noticed ill-treatment suffered by Shraddha. The mother and brother of Shraddha attempted conciliation of disputes and requested Swapnil to care for Shraddha. On 25/10/2019, Shraddha's mother and brother returned Nanded. Thereafter, Shraddha informed that Swapnil was asking for expenses towards stay of her mother and brother. On 27/10/2019 Shraddha informed that she has apprehension of life. On 1/11/2019 Shraddha informed that her health has been deteriorated, since she was administered pills as advised by Dr. Sourabh. On 4/11/2019 when Shraddha's mother made phone call to Swapnil, he informed that Shraddha needs medical treatment. In afternoon, he informed that Shraddha lost life due to negligence of doctors. On 8/11/2019 dead body of Shraddha was brought to Nanded. The medical papers regarding her medical treatment in USA were not provided by in-laws. Thereafter, last rites were performed on dead body of Shraddha.