MIRZA ANWAR BAIG Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule made returnable forthwith and matter was taken up for final adjudication on merit with the consent of both sides.

(2.) The applicant, taking recourse of remedy under Section 482 of Cr.P.C. preferred the present application seeking relief to quash and set aside the FIR bearing Crime No. 465 of 2018 registered against them with the Nanal Peth Police Station, Dist. Prabhani for the offence punishable under Sections 498-A, 323, 504, 506 r/w 34 of IPC and consequently, criminal proceeding initiated on the basis of said FIR bearing RCC No. 37 of 2019 pending before the learned Magistrate, at Parbhani.

(3.) It has been alleged that the First Informant ­ Sana Fatema Mohd. Moinuddin Kadri on 1.12.2018, approached to the police of Nanal Peth Ppolice Station, Prabhani and ventilated the grievances that her marriage was solemnized with Mohd. Naimoddin on 25.12.2016 at Parbhani. Her husband was employed as a Police Constable in RIB at Aurangabad. According to the first informant, after the marriage, members of the matrimonial home behaved with her in proper manner for some days. But, thereafter the applicants being grand-father and maternal uncles of her husband, used to instigate her husband that he had received meager amount of dowry in marriage. He would have get more dowry amount if he would have performed marriage with another girl. In the result, her husband used to abuse the wife Sana Fatema on account of bringing very less dowry in the marriage. She was being physically and mentally tortured by the husband and other inmates of matrimonial home. There was a demand of Rs. 5 Lakhs to the wife Sana and on that count, she was subjected to maltreatment by husband and his relatives. When the first informant had been to Parbhani for delivery purpose, that time her in-laws, cousin sister in law etc., asked her to bring Rs. 5 Lakhs from her parents, as they had given less dowry in the marriage, otherwise, she would not be allowed to cohabit at her matrimonial home. There was endeavour to persuade the husband and other inmates, but it did not evoke result. Eventually, the first informant wife approached to the police and filed report pursuant to which the police of Nanal Peth Police station registered crime NO. 465 of 2018 against the husband, in-laws and other relatives of the husband of first informant Sana Fatima, including the present applicant and set the penal law in motion.