ARVIND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Petition is filed seeking quashment of the First Information Report bearing Crime No.217 of 2015 (for short 'FIR') registered with Dhule City Police Station, Dhule, for the offences punishable under Sections 498-A, 406 read with Section 34 of the Indian Penal Code (for short 'IPC') and under Sections 3 and 4 of the Dowry Prohibition Act, to the extent it relates to the petitioners.

(2.) The learned counsel appearing for the petitioner submits that the allegations in the FIR are general in nature. There are no specific overt acts attributed to the petitioners. It is also not stated that on which date the incident of harassment and mental cruelty is caused. It is further submitted that respondent no.2 left matrimonial home on 07.06.2015 and the FIR is lodged on 03.11.2015. There is inordinate delay in lodging the FIR. It is further submitted that, respondent no.2 has put it in writing on 07.06.2015 that, her husband and herself are from the medical profession, therefore, she has decided to start residing with her husband peacefully in future. The learned counsel appearing for the petitioners invites our attention to the contents of the said alleged written statement of respondent no.2 (at Exh.R3, Page 73) of the compilation of the Criminal Writ Petition, and submits that the Petition deserves to be allowed.

(3.) The learned counsel for the petitioners in support of his contention that, when there are no specific allegations in the FIR, such FIR deserves to be quashed, presses into service exposition of law in the cases of Neelu Chopra and Anr. Vs. Bharti1, Preeti Gupta and Anr. Vs. State of Jharkhand and Anr.2 and Swapnil and others Vs. State of Madhya Pradesh3.