MANOJ RAM PURI 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 resorting to remedy under Sec. 482 of the Code of Criminal Procedure ("Cr.P.C.") to get quash and set aside the impugned First Information Report ("FIR") bearing Crime No. 319 of 2017 registered at Degloor Police Station, Tq. Degloor, District Nanded for the offence punishable under Sections 498-A, 323, 504 and 506 read with Sec. 34 of the Indian Penal Code ("IPC") and criminal proceeding bearing RCC No. 121 of 2017 initiated pursuant to aforesaid FIR.

(3.) The prosecution case in nutshell is that, the complainant -Swati Puri on 24-06-2017 filed report to the Police of Degloor Police Station, District Nanded and ventilated the grievance that since 2011, she was employed as teacher in the Zilla Parishad Marathi School at village Sawata Ta. Dahanu, District Palghar. In the month of May, 2011 her marriage was solemnized with applicant No. 1 Manoj S/o Ram Puri as per customs in Krushna Mandir, Udgir. At the time of marriage, there was vacation for the School, and after the vacation, the complainant -Swati Puri returned to the village Sawata for attending her duty in the School. It has been alleged that after about month of marriage her-inlaws as well as Aunt- applicant No. 6 Meena, sister-in-law - Priyanka, parental sister -applicant Shanta @ Malan Giri, all in connivance with each other used to instigate her husband to take the entire salary of wife-complainant. They were goaded the husband to make demand of Rs. 2,00,000.00 to establish Medical Shop for livelihood. The husband used to visit to the place of avocation of the complainant at village Sawta for demand of salary to the wife. It has been alleged that husband after drinking liquor used to assault wife on flimsy ground. Whenever complainant visited to matrimonial home at Udgir that time she was being harassed and maltreated by the inmates of matrimonial home. There was demand of Rs. 2,00,000.00 from the applicant to establish Medical Shop for husband. They kept the complainant-wife unfed. The parents of the complainant attempted to give understand to the husband and other inmates of matrimonial home for not to maltreat wife -Swati. But, there was no improvements in the behaviour of husband. The ordeals of the wife was continued. She was subjected to mental and physical torture. According to prosecution, on 02-02-2017 in the noon hours, husband and other inmates of matrimonial home visited to the parents home of the wife-Swati and demanded Rs.2,00,000.00 for medical shop. They also assaulted the complainant- Swati by kick and fist blows and gave threat of life. They refused to allow the complainant-Swati for cohabitation. Eventually, she filed complaint against husband and other members of matrimonial for penal action. Pursuant to report, Police of Degloor Police Station registered the crime No. 319 of 2017 under Sections 498-A, 323, 504 and 506 read with section 34 of the Penal Code and set the penal law in motion. The Investigating Officer carried out investigation and recorded statements of witnesses acquainted with facts of the case. After completion of investigation, IO preferred the charge-sheet against the applicants vide RCC No. 121 of 2017 and it is pending before the learned Judicial Magistrate, First Class, Degloor for its adjudication on merit.