LAWS(BOM)-2019-6-14

PRAVIN Vs. STATE OF MAHARASHTRA

Decided On June 04, 2019
PRAVIN Appellant
V/S
STATE OF MAHARASHTRA Respondents

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 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. 10 of 2019 registered at Sailu Police Station, Taluka Sailu, District Parbhani, for the offence punishable under Sections 498-A, 452, 323, 504 read with Section 34 of the Indian Penal Code ("IPC").

(3.) It has been alleged on behalf of prosecution that the first informant ­ complainant Meghana Pravin Jadhav approached to the Police of Sailu Police Station, District Parbhani, on 05-01-2019 and ventilated the grievance that her marriage was solemnized on 25-05- 2014 with applicant No.1 Pravin Jadhav as per Hindu Rites and Rituals. She has begotten son Anirudha, aged 4 years, out of their wed-lock. According to complainant- Meghana, she was cohabiting with the husband at her matrimonial home jointly with in-laws, namely Ramnath Babasaheb Jadhav, Kanchan Ramnath Jadhav. It has been contended that, applicant Kuldeep Jadhav, Prashant Jadhav are her cousin brother-in-laws, whereas, applicant No.6 is her cousin mother-in-law, applicants No. 7 to 9 are her sister-in-laws. According to prosecution, all the accused subjected her to mental and physical cruelty on account of suspicion on her character. They used to abuse and keep her unfed. The applicant ­ cousin sister-in-law were instigating her husband and others for harassment to the complainant Meghana. They used to scold and humiliate her by making allegation about her character. There was also demand of money from husband and in-laws of complainant Meghana. The husband Pravin filed proceeding in the Court to get custody of minor son. Eventually, complainant ­ Meghana rushed to Police Station and filed the present complaint for penal action against applicants. Pursuant to FIR, Police of Sailu Police Station registered the crime and set the penal law in motion.