SANTOSH SUDHIR PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally, with the consent of learned counsel for parties.

(2.) The applicants - original accused 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 Crime No. 304 of 2018 registered at Mukhed Police Station, Taluka Mukhed, District Nanded for the offence punishable under Sections 498-A, 323, 504 and 506 read with Section 34 of Indian Penal Code ("IPC") as well as the criminal proceeding bearing Charge- sheet No. 119 of 2018 filed pursuant to aforesaid Crime.

(3.) The prosecution case in short compass is that the first informant ? complainant Awani W/o Santosh Patil, on 22-10-2018 approached to the Police of Mukhed Police Station, Taluka Mukhed, District Nanded, and ventilated the grievance that her marriage was solemnized on 16-10-2015 with accused No. 1 ? Santosh Patil. The applicant No. 2 is father-in-law whereas applicants No. 3 and 4 are sister-in-laws of the complainant - wife. After marriage, complainant - wife joined the company of husband for cohabitation at Mukhed. Initially, for a period of one year the husband and other inmates of matrimonial home behaved with complainant in proper manner. The complainant wife delivered a female child during wedlock with husband - Santosh. Thereafter, father-in-law and husband started demanding amount of Rupees three lakhs for installation of water filter plan and on that count they used to maltreat her. Even after such ill-treatment the complainant-wife stayed at her matrimonial home for a period of one and half year for better future matrimonial life. Meanwhile, the sister- in-laws used to instigate husband ? Santosh to beat complainant-wife. They also used to take suspicion of her character. They kept her unfed and harassed her mentally and physically. According to complainant, on 03-06-2018 the husband and father in law of complainant tried to kill her by putting pillow on her mouth and threatened her that if she failed to go to her parental home, they would kill her. Thereafter, complainant wife initially filed complaint in MIDC Police Station and thereafter on 04-07-2018 with the Superintendent of Police for penal action against applicants. It has been alleged that on 07-07-2018 when the husband and father-in-law had been to Mukhed Court for giving evidence, they had been to house of complainant in Virbhadra Mandir Galli, Mukhed. The applicant - husband assaulted the complainant-wife with fist and kick blows by pulling her hairs. That time, father-in-law assaulted the sister of complainant-wife with fist and kick blows and threatened her mother to kill. Thereafter, Sachin Jadhav and Manik Boinwad tried to intervene in the quarrel. Eventually, she filed report to the Police of Mukhed Police Station for penal action against husband, father-in-law and present applicants.