AMIT HARISING RATHOD 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 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. 116 of 2018 registered at Upnagar Police Station, Nandurbar District Nandurbar, for the offences punishable under Sections 498-A, 315, 323 and 504 read with Sec. 34 of Indian Penal Code ("IPC") and all other consequential proceeding arising thereof including final Report under Sec. 173 of Crimial P.C. dated 02-01-2019.

(3.) The prosecution case in short compass is that, the first informant Jagruti Amit Rathod W/o Amit Harising Rathod on 14-07-2018 visited to the Police of Upanagar, Police Station, Nandurbar, District Nandurbar and filed the report that when she was studying in College, she developed intimacy with applicant Amit. It has been alleged that while examination of Engineering was going on, the applicant- husband and complainant on 05-04-2004 eloped to Pune and got married on 08- 04-2004. Since then complainant had no relations with her parents. According to complainant, her husband got employment in railways, and therefore, the couple started residing in Mira Road area, Mumbai. When complainant-wife was pregnant of nine months, applicant- mother-in law took her to Nandurbar for delivery. According to complainant-wife, she was admitted in the hospital and doctors recommended a cesarean delivery but mother-in-law, brother-in-law and husband did not pay any heed to the advice of doctor and brought her to home. The applicants gave some liquid (Kaadha) saying that it will ease her pain and it would facilitate for easy delivery. The complainant did not know that the bottle of liquid (Kaddha) containing castor oil. Unfortunately, she delivered a stillborn baby girl in the month of October-2012. It has been contended that, in the year 2015, she was again pregnant and delivered a baby girl Viva. Meanwhile, the applicant-husband was transferred to Nandurbar. On 02-04-2018, in the wee hours of night, when complainant was woke up for drinking water at about 11.00 p.m. she saw all the applicants were sitting in the drawing room and chatting about the abortion of complainant. However, on following day, the complainant attempted to make confront about her abortion with husband and in-laws. The applicants became furious and beaten up her with fists. She was also driven out of the house. Thereafter, she started residing with her parents. On 01-06-2018, at about 11.00 p.m. all the applicants visited to the parents of complainant and demanded Rs.15 Lakhs to purchase a bunglow. When the father of complainant expressed inability to pay such huge amount due to financial crises, they assaulted and threatened her for divorce. According to complainant, all the applicants subjected her to physical and mental torture. Eventually, she approached to the Police and filed report for penal action against the applicants.