RAKESH PRABHAKAR MESHRAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioners seek quashing of the FIR No. I-62/2014 registered against them by the Respondent No. 2 /complainant, with the Vartak Nagar Police Station for the offenses punishable under Sec. 498- A, 406, 404, 506 read with 34 of the Indian Penal Code, 1860.

(2.) The Petitioner No. 1 is the husband of the complainant wife. The 2nd and 3rd Respondents are his parents, the 4th, 6th, 8th and 10th Respondent are his sisters, and the 5th, 7th, 9th and 11th Respondent are the spouses of his sisters respectively. The Petitioner No.1 and Respondent No.2 married on 25/12/2007 and started residing together at his house along with other members of his family. The case of the Petitioners is that right from the beginning of the marriage, the complainant's behavior was abnormal and within 2 years of the marriage itself on the insistence of the complainant, she and Petitioner No.1 separated from the joint family and started residing independently in a rented premises in Mumbai.

(3.) It is stated that even after separating from the joint family, the complainant misbehaved with the Petitioner No.1 and there was a matrimonial discord between the parties leading to an estrangement between them from 16/1/2013. Thereafter, a petition for divorce by mutual consent was filed before the Family Court, Bandra, Mumbai on 13/5/2014 by the parties wherein, it was agreed that the Petitioner No.1 shall return to the complainant all her articles and belongings as per a list annexed to the petition together with an amount of Rs.1,00,000.00as a settlement. Both the parties also agreed not to file any civil or criminal cases against each other hereafter and in the future. During the pendency of the consent petition, it appears that the complainant registered the FIR sought to be quashed in the present proceedings.