ASHISH ANKUSH KANKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition, filed under Articles 226 and 227 of the Constitution of India read with Sec. 482 of the Criminal Procedure Code, challenges First Information Report bearing No. 0308 of 2023 registered with Pundalik Nagar Police Station, Aurangabad for offence punishable under Sec. 323 , 406 , 498A, 504, 506 read with 34 of the Indian Penal Code and under Sec. 3 and 4 of the Dowry Prohibition Act.

(2.) The second Respondent (wife) lodged the FIR in question, in short alleging that, her marriage with Petitioner No.1 (husband) was solemnized on 7 th May, 2017 as per Hindu rites and customs. At that time, husband was doing private job at Mumbai. However, he did not take her to Mumbai for one and half year after the marriage. During this period, she resided with her in laws, at Ulkanagari, Aurangabad. During the said period, the husband used to visit Aurangabad once in a month and was not talking with her and because of the same, she used to feel upset. Petitioner Nos. 2 to 4 used to taunt her and used to mentally harass her. Petitioner Nos. 4 and 5 used to frequently visit house of her in laws and used to taunt her on the count of burnt food and used to harass her mentally by uttering bad words. They used to say that she did not know how to cook. She was sent to Mumbai with her husband. At Mumbai also, her husband used to consume excessive liquor and used to abuse her and slap her and used to physically and mentally harass her. Petitioner No. 4 used to instigate her husband and on her instigation, her husband used to abuse her. Husband used to come in drunken condition and used to abuse her in filthy language and beat her.

(3.) In the year 2018, her husband abused and beat her at the instance of Petitioner No.4. Thereafter, he was called at Aurangabad. He left her alone at Mumbai. Her parents brought her at Aurangabad. Thereafter, she stayed at her maternal home for about one year in 2019. Thereafter, there was meeting between her maternal relatives and in laws and her husband took her back for cohabitation. Again her father in law beat her because of breaking of cupboard. She was confined in a room and kept starved. Since there were constant quarrels between her and her in laws, her husband, along with her, started residing separately from his parents. Her sisters in law used to abuse and used to give threat to beat her. On 24 th March, 2020, she delivered a girl child. Expenses of the delivery were borne by her father. Thereafter, her husband told her to bring remaining amount of dowry of Rs.50.00 lakhs for purchasing new house.