TATYARAM PARMESHWAR SONDAGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) The applicants preferred present application under Section 482 of the Code of Criminal Procedure ("Cr.P.C.") seeking relief to quash and set aside the First Information Report ("FIR") bearing No. 686 of 2018 registered at Shivajinagar Police Station, Beed, District Beed for the offence punishable under Sections 498-A, 323, 504 and 506 read with Section 34 of Indian Penal Code ("IPC") and criminal proceeding bearing RCC No. 44 of 2019 initiated pursuant to aforesaid FIR.

(3.) The prosecution case in short compass is that, first informant Smt. Manisha Rajesh Tekale on 19-10-2018 visited to the Police of Shivajinagar Police Station, Beed and filed the report that her marriage was solemnized on 06-05-2006 with Rajesh Tekale, son of applicants No. 3 and 4. The applicant No. 2 is the sister-in-law of the complainant, whereas, the applicant No. 1 is the husband of applicant No. 2. According to complainant, they both spouses are Government Servant working as Gramsevak in the Beed Revenue District. After the marriage, complainant joined the company of husband in the joint family comprising in-laws and sister-in-law at Beed. The complainant begotten one son Vedant of 12 years old and a daughter Sai of 06 years old during wedlock from husband. It has been alleged that initially for about three months of marriage, husband, in-laws and other relatives behaved with her in proper manner. But, thereafter, her husband and inmates of matrimonial home used to tease her on account of performing the marriage in village and also not giving hand sum dowry in marriage. They also mentally and physically tortured her on flimsy reasons. According to complainant, the sister-in-law i.e. applicant No.2 used to instigate her husband on account of her physique. After attending the program at the houses of relatives, her sister-in-law, husband and mother-in-law used to scold the complainant that her marriage was performed with husband Rajesh in post-haste manner. According to complainant, since her sister-in-law was not conceived for about seven years of her marriage, therefore, the inmates of matrimonial home insisted the complainant for abortion. But, she did not budge for the same. In the aftermath, the inmates of matrimonial home kept her unfed and used to beat and torture her on one or other pretext. It has been alleged that when complainant was pregnant, the applicants demanded Rs.10 Lakhs from her parents. They gave warning that, if she deliver female child, she will not be allowed for cohabitation. According to complainant, there were endeavour to give understanding to the husband and in-laws of the complainant. Thereafter, the complainant was allowed for cohabitation with husband at matrimonial home. The inmates of matrimonial home used to ask the complainant to leave the job and to work in the field. It has been alleged that her husband forcibly used to withdraw her salary. It has been contended that whenever her husband came in an inebriated state, he used to pick-up quarrels with the complainant. The inmates of matrimonial home instead of giving understanding to husband of complainant instigated him against wife. According to complainant, the husband Rajesh did not maintain marital relations with the complainant for about six months only at the instance of sister and mother. It has been alleged that after the marriage of brother-in-law, husband Rajesh under the influence of liquor assaulted the complainant with the help of wodden bat and caused fracture injuries to the hand of complainant. She was admitted in Sahyadri Hospital, Beed, and surgery was performed on her. The husband Rajesh expressed his regret for such injury to wife, therefore, no complaint was lodged about the incident. But, her ordeal was continued, she was being abused for about two months by the husband Rajesh. The complainant grumbled that her husband get transferred all the amount from the bank account of complainant to his account and collected the documents of LIC etc and gold ornaments from her. Due to marital discord the children of spouses were kept in Hostel. The applicants did not allow the complainant to see the children in the Hostel. She was not allowed to see the children even during their ailment. Eventually, on 18-07-2018, husband and father-in-law assaulted, threatened and driven her out of the house. Thereafter, complainant came to her parents home for residence. Meanwhile, husband filed a petition for divorce, whereas, the complainant also filed an application with Women's Redressal Forum, Beed. Despite efforts, there were no positive result. At last, she approached to the Police and filed report for penal action against the applicants.