UJWALABAIBAPURAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petition is restricted to Petitioner No. 7 only as per the order dated 25-6-1986.

(2.) Mr. Bora has pointed out that in the first information report dated 7-5-1985, there is no allegation made against petitioner No. 7 alleging any act within the meaning of Section 498-A of the Indian Penal Code. The said Section 498-A, inserted by amending Act No. 46 of 1983, is as under : - "Husband or relative of husband of a woman subjecting her to cruelty. - Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation. - for the purposes of this section, 'cruelty' means -

(3.) Mr. Jadhav, Additional Public Prosecutor, relying on the decision of the Supreme Court reported in AIR 1986 SC 833 : 1986 (2) Cri LC 184 (SC) (J. P. Sharma v. Vinod Kumar Jain and others), has argued that proceedings in Criminal cases cannot be quashed when there is a prima facie case made out either in the complaint or the first information report. He has laid stress on the ratio of the case which is to the following effect : -