Important Point - The First Information Report for the offence punishable under Section 306, 498-A read with 34 of the Indian Penal Code is quashed and set aside, confined to the Applicant.

S.S. SHINDE, J.

1. Rule. Rule made returnable forthwith and heard finally with the consent of the learned counsel appearing for the parties.

2. By way of filing the present Application under Section 482 of the Code of Criminal Procedure, the Applicant has prayed that the First Information Report bearing Crime No. 0070 of 2016, registered with Nagar Taluka Police Station, at Ahmednagar on 13th March, 2016, for the offences punishable under Section 306, 498-A read with 34 of the Indian Penal Code, may be quashed and set aside.

3. Respondent No. 2 herein - Rahul Balu Gore, who is brother of deceased Rupali, lodged First Information Report (for short "FIR") alleging therein that the marriage between Bhausaheb Ashok Darekar, resident of Shiradhon and Rupali was solemnized on 22nd February, 2015. Out of the said wedlock, the couple was blessed with one child, namely Vedant. Husband of Rupali, namely Bhausaheb is serving in military and at present he is assigned duties at Secunderabad. His sister Rupali was serving in Postal Department at Ruichattisi. In her matrimonial home, mother-in-law Nanda Ashok Darekar and father-in-law Ashok Gangadhar Darekar were residing and her husband used to come to the matrimonial home after three months by availing leave. Brother-in-law of Rupali, namely Somnath Ashok Darekar i.e. Applicant herein, is also recruited in military services and at present he is undergoing his training in M.I.R.C. Ahmednagar. He used to visit matrimonial home on holidays.

After marriage, Rupali was properly treated by the members of matrimonial house for about 3 to 4 months. Thereafter whenever her husband Bhausaheb used to visit the matrimonial home and talk to her on cell phone/mobile, he used to say her that he does not like Rupali and she has some affair with somebody else. An accused Bhausaheb used to tell her that, his father has performed his marriage against his wish and used to harass, insult and assault Rupali. He used to tell that Rupali should not visit any relatives and his parents and brother used to support Bhausaheb. When ever Rupali visited her parents house, she used to tell about ill-treatment given to her by the accused.

Five months prior to lodging of the FIR, father-in-law of Rupali, namely Ashok Darekar asked/demanded Rupees One Lakh through Rupali for securing job to brother-in-law Somnath Ashok Darekar i.e. Applicant herein. Though the informant and his family members were not happy with such demand, however so as to avoid any harassment to Rupali, they paid an amount of Rs. 1,00000/- (Rupees One Lakh) to father-in-law of Rupali. Thereafter father-in-law of Rupali further asked for Rs. 50,000/- (Rupees Fifty Thousand). However, since the family of the informant had no money, they could not fulfill the further demand of Rupees Fifty Thousand by the father-in-law of Rupali. By keeping grudge of non-fulfillment of demand of Rupees Fifty Thousand, all the accused used to mentally and physically harass Rupali. When Rupali was admitted in the hospital for her delivery, instead of sending her at her parents house, from the hospital itself Rupali was taken to the matrimonial home. When parents of the informant visited the matrimonial house so as to bring Rupali to their house, they were abused and sent back by the accused. Then one month after delivery, parents brought Rupali to their house and thereafter she stayed there for about two months. On the day of "Sankrat" festival, her husband and father-in-law visited the house of the informant and abused and assaulted him. On 17th January, 2016 when maternal uncle of the informant, namely Annasaheb Vithoba Jagtap resident of Watephal, one other relative Goraksh Kondiba Gund and father of the informant when visited the house of accused so as to give them understanding to treat Rupali properly, there was no proper treatment to them.

4. It is further st