PRAVIN VILASRAO GHARGE Vs. PARINEETA GULAB KHARATE

JUDGEMENT

(1.) This case is yet another case that tests the sanctity of various welfare and special legislation. The provision of Sec. 498A of the Indian Penal Code, 1860 (IPC) is part of the category of offences against women relating to marriage. It was essentially enacted to check unconscionable demands by a greedy husband and their families which at times result in cruelty to women and leading to suicides. One of the objects was to check and curb the menace of the dowry and at the same time, to save matrimonial homes from destruction. The case at hand displays a total abuse of the process of criminal law and mocks these welfare provisions which otherwise are intended to provide succor to victims of various atrocities against them.

(2.) The Petitioners seek quashing of the entire criminal proceedings in RCC No.860 of 2013 arising out of CR No. I-22 of 2009 lodged by the Respondent No.1 ("Original Complainant") against the Petitioners herein and registered in Nalasopara Police Station for the offences punishable under Ss. 498A, 504, 506 read with 34 of the IPC and currently pending before the Judicial Magistrate, First Class, Vasai by invoking jurisdiction of this Court under Article 226 of Constitution of India. By virtue of supplementary statements, the Petitioners also face prosecution under Ss. 3(1)(x)(xi)(xv) read with Sec. 6 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ("SC and ST Act") The First Petitioner is the husband of the Complainant. The Second and Third Petitioners are the mother and brother of the First Petitioner respectively and the Fourth Petitioner is the wife of the Third Petitioner.

(3.) Vide Order dtd. 15/1/2015, notice was issued to the Respondents. The Second Respondent, being State waived notice and is represented by the learned APP, Smt. Madhavi Mhatre. On 9/12/2015, this Court was pleased to stay the impugned proceedings and the matter was admitted vide order dtd. 4/5/2016. The Complainant was duly served but has failed to appear in the matter. Even today, despite service she remains absent.