PRATEEK Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) The petitioners preferred present writ petition 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. 49 of 2019 registered at Pundliknagar Police Station, Aurangabad, District Aurangabad for the offence punishable under Sections 498-A, 406, 323, 504 and 506 read with Section 34 of Indian Penal Code ("IPC") and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

(3.) It has been alleged on behalf of prosecution that the first informant - complainant Mrs. Deepika Prateek Vyas approached to the Police of Pundliknagar Police Station, Aurangabad, District Aurangabad, on 31-01-2019 and ventilated the grievance that her marriage was solemnized on 23-11-2017 with petitioner No. 1 - Prateek. Petitioners No. 2 and 3 are the in-laws whereas petitioner No. 4 is brother-in-law of complainant-wife. The petitioners No. 5 and 6 are the uncle and aunt of petitioner No. 1. It has been alleged that after marriage, complainant - wife joined the company of husband for cohabitation at Mumbai. After about five days of the marriage, the complainant along with her husband, came to Aurangabad to attend the marriage of her friend. It has been alleged that after attending the marriage, the petitioner-husband did not allow the complainant-wife to see her parents and the spouses straightway returned to Mumbai in the same night. Petitioner-husband despite having holiday on 01-12-2017, left for Hyderabad to attend his service leaving behind complainant-wife at Mumbai. It has been alleged that on 05-12-2017, the complainant with her brother came to Aurangabad for riligous function of "Satyanarayan Pooja" at her parents house. Thereafter, the husband Prateek on 11- 12-2017 carried all the household articles given in marriage to Hyderabad. However, the complainant was taken to Mumbai by her in- laws. According to complainant, on 16-12-2017, she accompanied with her mother-in-law went to Hyderabad. But her husband was not at home. He had gone to attend the marriage ceremony of her girl friend. During her stay at Hyderabad with husband and mother in law, they started demanding money from her parents to purchase domestic articles. There was no physical relations between the spouses during stay at Hyderabad. It has been alleged that petitioner-husband was not capable to have physical relations with the complainant-wife. It has been alleged that her husband and in-laws played mischief and cheated the complainant. She was subjected to cruelty for demand of more dowry. The petitioners demanded amount of Rs. Ten Lakhs from the parents of complainant for his medical treatment. It has been alleged that the complainant attempted to make detail enquiry but, the petitioner-husband assaulted her with fists and kicks blows and also hurled abuses to her. He has also threatened her that if complainant- wife disclosed these facts, she will have to face fire consequences. Thereafte, she was driven out of the house. The hapless complainant informed all the facts to her father on cell phone and called him at Hyderabad. The complainant-wife came to Aurangabad along with her father. Since then she is residing with her parents and no one else from her matrimonial home came to fetch her back for cohabitation. Eventually, she filed the report to the Police for penal action against the petitioners.