LAWS(BOM)-2025-4-230

CHANDRAREKHA Vs. STATE OF MAHARASHTRA

Decided On April 17, 2025
Chandrarekha Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard learned Advocate appearing for the respective parties finally, by consent.

(2.) Applicant Nos.1 to 4 are the relatives of husband of Respondent No.4-informant, who has filed FIR vide C.R. No.362 of 2023 dtd. 21/7/2023, registered with Shivaji Nagar Police Station, Latur for the offences punishable under Ss. 498-A, 323, 504, 506 read with Sec. 34 of the Indian Penal Code. Applicant No.5 is professor and not related to the husband of the informant. Similarly, Applicant No.6 is alleged to be friend of husband of the complainant who is Government Servant. Respondent No.4-complainant filed FIR against her husband and the Applicants herein alleging that her husband-Anup Nagnath Giri and the Applicants have assaulted and ill- treated her after her marriage. It is stated in the complaint that her marriage with Anup was solemnized on 3 rd January 2016. Her father had given Rs.7,00,000.00 as a dowry along with 20 Tolas of gold ornaments. It is stated that she was treated well by her husband and in-laws for one year after the marriage. However, since January 2017, her husband started insisting her that she should appear for MPSC examination, for which she should join coaching classes. Accordingly, she was enrolled for MPSC classes, though she did not like to study, she was forced to study by her husband. It is alleged that due to insistence of her husband that she should attend the MPSC classes, she was mentally depressed. It is also alleged that Applicant No.6 one Pallavi R. Gadhe was her husband's friend prior to their marriage, was also in Government Employment. It is alleged that Applicant No.6 started interfering with her marriage, due to which, there was a discord between herself and her husband.

(3.) It is further alleged in the complaint that the Applicants herein have abused her since she was not in Government Employment and not of same standard, like her husband who had passed MPSC and was working as Naib Tehsildar. She was also threatened by Applicants that they will perform second marriage of her husband with the girl who has qualified MPSC examination. It is alleged that she was many times abused and assaulted by the Applicants and driven out of house by them. She informed about the ill-treatment meted out to her, to her father. Though a meeting was conducted to thrash out the differences between herself and her husband, her husband instead of taking her to reside along with him, he had left her at her in-laws house at Para, District Osmanabad and he himself had gone to Nagpur, at the place of his posting. It is alleged by her that she was ill-treated by her husband and his relatives, which constrained her to leave the matrimonial house. Thereafter, she has approached Bharosa Cell, Women's Assistant Cell/Crime Branch Office of Superintendent of Police, Latur on 6 th July 2023, for filing complaint against the husband and his relatives. At last, she has filed the FIR on 21 st July 2023, against the husband and present Applicants.