HEMANT SAMBHAJI PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicants seek quashing of all the proceedings in R.C.C.No. 2018 of 2013 pending before the Judicial Magistrate First Class ("J.M.F.C."), Pimpri, Pune arising out of C.R.No. 0 of 2012 initially registered with the Satara Police Station on 9/11/2012 and subsequently transferred to the Sanghvi Police Station, Pune and renumbered as C.R.No. 396 of 2012 on 10/11/2012 filed by the Respondent No.2 ("Original complainant") against the Petitioners herein.

(2.) The First Applicant is the husband of the complainant. The second, third and fourth Applicants are the mother and two aunts of the Applicant No.1 respectively.

(3.) This is yet another case where welfare provisions such as Sec. 498-A etc., of the Indian Penal Code, 1860 enacted to address dowry related harassment and other forms of cruelty, both physical and mental have been misused to harass the in-laws by roping them in a false case. Setting into motion law enforcement machinery leads to serious consequences for innocent family members. Elderly parents, siblings, and distant relatives of the accused are often implicated in the complaint without direct involvement. This case is an example where the complainant and her family members have violated the sanctity of law enforcement agency and even made mockery of the judicial system.