SAMAD HABIB MITHANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicants have filed the present Criminal Application under Sec. 482 of the Code of Criminal Procedure ("Cr.P.C."), with a prayer to quash and set aside the First Information Report ("F.I.R.") dtd. 7/3/2014, registered at the instance of the Respondent No.2 with the Pydhonie Police Station, vide C.R. No. 86 of 2014, for the offence punishable under Ss. 498-A, 376 read with Sec. 34 of the Indian Penal Code ("I.P.C."), as against the Applicants.

(2.) The Applicants are relatives of the Respondent No.2 who is wife of Accused No.1, in the offence registered against the Applicants, alongwith their son and husband of the Respondent No.2. Though initially offence has been registered under Ss. 498-A, 376 read with Sec. 34 of the IPC, however Sec. 406, 344, 347, 376, 376(b), 506 of the IPC, have been added and charge-sheet has been filed against the Applicants on 7/3/2014 itself. The present matter was filed in this Court on 2/12/2014 and the charge-sheet has been filed on 7/3/2014. When the matter was heard by this Court on 12/7/2016, (Coram : A. S. Oka and A. A. Sayed, JJ.), notice was issued to the Respondent No.2 and by way of interim-relief, it was directed that if the charge-sheet is already filed the trial shall not proceed as against the Applicants. Therefore, so far as the present Applicants are concerned, the trial has not proceeded as against them. Thereafter, the matter was listed on various occasions and the interim relief was continued from time to time.

(3.) We have heard the respective parties. Applicant Nos.1 and 2 are the parents of Accused No.1 i.e. ex-husband of the Respondent No.2, Applicant No.3 is her ex-sister-in-law and the Applicant No.4 is the husband of Applicant No.3. The Respondent No.2 herein has filed FIR on 7/3/2014 against her ex-husband Danish Mithani, her father-in-law i.e. Applicant No.1, her mother-in-law i.e. Applicant No.2, her sister-in-law i.e. Applicant No.3 and the Applicant No.4 i.e. husband of her sister-in-law, alleging offences under Ss. 498-A, 376 read with Sec. 34 of the IPC.