ANKUR BALASHAEB GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application has been filed by original accused persons for quashing the private complaint Regular Criminal Case No. 131 of 2017, and the order of issuance of process under Section 498-A, 323, 504, 506 read with 34 of the Indian Penal Code, against them by learned Judicial Magistrate First Class, Osmanabad on 27-03- 2017.

(2.) The facts leading to this application are that, respondent No.2 got married to applicant No.1 on 10-05-2015 at Pune. Applicants No.2 and 3 are the parents of applicants No.1, 4 and 5. Applicant No.6 is the husband of applicant No.5, and their marriage was solemnized on 18-12-201

(3.) According to the applicants, respondent No.2 came to matrimonial home after marriage and started cohabiting with applicant No.1. Applicants No.2, 3 and 4 and grandmother of applicant No.1 were residing jointly with them. Thereafter, respondent No.2 went to her parental house on the third day of the marriage. She was brought back by applicants No.2 to 4 on 17-05- 2015. A small party was organized to welcome her. In the said party applicant No.1 gifted a mobile handset to respondent No.2. Applicant No.2 had also gifted her a Mangalsutra in gold weighing 12.50 grams. After the party was over, respondent No.2 quarreled with applicant No.1 saying that, she did not like hosting of party and he has spoiled her mood. It was also stated by her that, her marriage with him was forcible/ against her will and she had a love affair with her friend. In categorical terms she told that, she will not be able to cohabit with him as wife and he should not touch her physically till she desires it from her heart. She also told that, he should keep these things secret from parents and relatives. Even after hearing this, the applicant No.1 tolerated and cooperated her. But thereafter, respondent No.2 started saying that she is not in a habit of cooking. Applicant No.3 used to cook meals for all of them.