DARRSHAN KUMAR VILAYATIRAM KHANNA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioners seek quashing of F.I.R.No.3 of 2013 dtd. 1/3/2013 registered with R.C.F. Police Station for offences punishable under Ss. 498-A, 406, 323, 504 and 506 read with 34 of the Indian Penal Code ('IPC'). They also seek quashing of the final report filed by the police dtd. 14/5/2013 before the Metropolitan Magistrate, 52nd Court at Kurla, Mumbai.

(2.) By Order dtd. 27/1/2016, the Petition was admitted and the proceedings pursuant to the filing of final police report were stayed by this Court, during the pendency of the Petition. An attempt of mediation was made by Mr. S.G.Deshmukh, Advocate of this Court, but it appears to have failed. Despite service and representation of Respondent No.3 through her Advocate Ms. Rachita Dhruv, none appears for her today. We have thus proceeded to hear the matter finally.

(3.) This is a peculiar case where the Petitioners being the in-laws of the Respondent No.3-wife (original complainant) are accused of committing an offence under Sec. 498-A of IPC, without a single allegation against her husband. Surprisingly, these allegations against the Petitioners are made by the complainant-wife at the behest of her own husband. Although Sec. 498-A envisages cruelty inflicted upon a woman by a relative of the husband, it is rare to see such allegations aimed at the relatives de hors any accusation against the husband. But no sooner than a plain reading of the F.I.R. begins to unravel this mystery.