ROHAN SUNIL JAIN 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 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. 068 of 2018 registered at Dharangaon Police Station, District Jalgaon for the offence punishable under Sections 498-A, 420, 406, 448, 504 and 506 read with Section 34 of Indian Penal Code ("IPC") as well as the criminal proceeding bearing Regular Criminal Case No. 51 of 2018 (Chargesheet No. 71 of 2018) filed pursuant to the aforesaid Crime No. 068 of 2018.

(3.) It has been alleged on behalf of prosecution that the first informant - complainant Sau Tejashree Rohan Jain, on 07-06-2018 approached to the Police of Dharangaon Police Station, District Jalgaon, and ventilated the grievance that her marriage was solemnized on 03- 07-2017 with applicant No. 1 - Rohan Jain, R/o. Nagpur. The applicants No. 2 and 3 are in-laws whereas applicant No. 4 is the sister-in-law of the complainant-wife. After marriage, complainant - wife joined the company of husband for cohabitation at Nagpur in a joint family comprising in-laws and sister-in-law. It has been alleged that even after completing religious rites, the mother-in-law of complainant attempted to keep away the complainant-wife from the applicanthusband. According to complainant-wife, in the first night of marriage, when the complainant and her husband had been in the bed-room, the applicant-husband was not so much anxious for physical relation. However, at belated stage, he had prepared himself for physical relation, but he failed to slack sexual urges of complainant-wife. It has been alleged that on enquiry, the applicant-husband disclosed her that he was taking treatment for the same by consuming "Sheelajeet", etc. The complainant-wife become frighten, and therefore, she stayed at her parents' home for some day. Thereafter, applicant-husband joined the service at Mumbai. The complainant-wife started residing with her husband, mother-in-law and sister-in-law in Sanpada area, Mumbai. According to complainant-wife, when she advised her husband for medical treatment, he avoided for the same. It has been alleged that the applicant used to come home at late night and he by showing bluefilms to get himself excited, attempted to maintain physical relation with wife. But, the feeble attempt of husband proved futile and otiose one. The complainant-wife made endeavour to divulge these facts to the in-laws, but, they started repriminding and blamed for infertility.