SHAKUNTALA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel for parties at admission stage.

(2.) The applicants preferred present application under Sec. 482 of the Code of Criminal Procedure ("Cr.P.C.") seeking relief to quash and set aside the First Information Report ("FIR") bearing No. 0365 of 2018 registered at Mukhed Police Station, Mukhed, District Nanded, for the offence punishable under Sections 498-A, 323, 504 and 506 of the Indian Penal Code ("IPC").

(3.) The prosecution case in short compass is that, the complainant Ashwini @ Pooja W/o Shivshankar Patil approached to the Police of Mukhed Police Station, District Nanded on 05-12-2018 and ventilated the grievance that her marriage with deceased accused Shivshankar was solemnized on 14-06-2013. After the marriage, complainant Ashwini @ Pooja started cohabiting with her husband Shivshankar at her matrimonial home, located in Mukhed town. According to complainant, the husband and her in-laws used to suspect about her character. They cast allegation of infidelity of wife Ashwini @ Pooja, which caused frequent quarrel between the spouses. It has been alleged that all the accused subjected her to mental and physical cruelty on account of suspicion of her character. The complainant used to divulge about cruelty to her parents. There were efforts to give understanding to the husband and other inmates of her matrimonial home. But, all efforts found unavailing. There were threats to the life of complainant. Eventually, complainant Ashwini rushed to the Police Station Mukhed and filed the complaint for penal action against applicants including her deceased husband. Pursuant to FIR, Police of Mukhed Police Station registered the crime and set the penal law in motion against the applicants.