SURESH GOVINDRAO GULHANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application is preferred by the applicants for quashing of the First Information Report in connection with Crime No.700/2022 registered under Ss. 498-A 323 and 504 read with Sec. 34 of the Indian Penal Code (for short, 'I.P.C') and consequent proceeding bearing RCC No.795/2022 pending before the Chief Judicial Magistrate, Yavatmal. Applicant Nos. 1 and 2 are in-laws and applicant No.3 is the husband of sister-in- law and applicant No.4 is the sister in law.

(2.) Crime is registered on the basis of the report lodged by informant on an allegation that her marriage was performed with co-accused Rahul Suresh Gulhane on 10/8/2017. After marriage she resumed the cohabitation at the house of present applicants. But she was not treated well as sufficient dowry is not given in the marriage. She further alleged that she was physically and mentally tortured for other reasons as they were not well honoured in the marriage as well as on her physical appearance and therefore, she was constrained to leave the matrimonial house. On the basis of the said report, police have registered the crime against the present applicants.

(3.) Heard learned counsel for the applicants who submitted that as far as the allegation against the present applicants are concerned, which are general, omnibus and vague in nature. Merely because they are the relatives of the husband they are implicated in the alleged offence. The applicant No.4 got married with applicant No.3 long back and she is residing at her matrimonial home. There is no occasion for them to come to the house of the informant and instigate the husband of the informant. Thus, merely because there is dispute between the husband and the wife, the FIR came to be registered against the present applicants. He also invited our attention towards the various statements of the witnesses and submitted that none of the statement discloses any specific instance as far as the ill treatment is concerned. In view of that the application deserves to be allowed.