At the stage of investigation, the court cannot quash proceedings before the trial, and the facts alleged would have to be proved in a regular trial.

S.S. Shinde, J.

1. This application is filed with the following prayer :

"B) The first information report No. 0005/2017 dated 17.01.2017 registered with Ghansavangi Police Station, Ghansavangi, Dist. Jalna for the offence punishable U/S. 498A, 323, 504 r/w 34 of the Indian Penal Code and Section 3 and 4 of Dowry Prohibition Act may please be quashed and set aside in the interest of justice and to prevent abuse of process of law."

2. The brief facts leading to file the present application are as under :

Applicant no.1 is the mother of Sanjog Hiwale i.e. the husband of respondent no.2. Applicant Nos. 2 to 4 are the bothers of husband of respondent no.2. The marriage of Sanjog and Aarchanabai has taken place on 25th November, 2007. They are having a son namely 'Shourya' from their wedlock. The husband of respondent no.2 doing business and also running Internet Cafe in Nutan Vasahat, Jalna and residing near to the business place since 2013. Since their marriage respondent no.2 and her husband are residing separately and the applicants used to meet them very occasionally.

3. The complainant/respondent No.2 lodged first information report No. 0005/2017 with Ghansavangi Police Station, Ghansavangi, Dist. Jalna for the offence punishable U/S. 498A, 323, 504 r/w 34 of the Indian Penal Code and Section 3 and 4 of Dowry Prohibition Act on 17th January, 2017 against the present applicants alleging that, she married to Sanjog on 25th January, 2007. After marriage she came to Jalna for cohabitation with her husband and her inlaws treated her well for three months and thereafter they started suspecting her character and used to beat and tease her. They were asking to bring Rs.2 lacs from her parents and the said fact was informed to her father. He came to the house of the applicants at Jalna and requested them not to harass his daughter. Thereafter, she resided with them for seven years. During her wedlock, she gave birth to a child namely 'Shourya'. The applicants driven her out of the house as their demand of Rs.2 Lacs was not fulfilled by her parents. Thereafter, she went with her father at Masegaon and is residing at her father's home. Respondent no.2 also made complaint with the Women's Protection Cell, where her husband came alone and therefore the settlement could not take place. Thereafter she got letter from Women's Protection Cell and lodged this Complaint. Hence this application.

4. Learned counsel appearing for the applicants submits that, the allegations in the first information report are taken at its face value and read in its entirety, the ingredients of the alleged offences have not been disclosed against the present applicants. Learned counsel appearing for the applicants submits that, when respondent no.2 made complaint to the Women's Protection Cell, she made different allegations in said complaint, than made in the first information report. Learned counsel appearing for the applicants submits that, applicant nos. 2 and 3 are in Government service and applicant no.4 is in service of private undertaking and now he is in Germany for work in Multinational Company. He submits that, she lodged the first information report against all the accused/applicants only with an intention to harass them. He submits that, all the applicants are residing separately since the marriage of respondent no.2. Respondent No.2 and her husband Sanjog are residing at Nutan Colony, Behind Visava School, Old Jalna and there were clashes in between them on trifle matters. Therefore, respondent no.2 had earlier lodged complaint against her husband with the Kadim Police Station, Jalna on 1st June, 2016 for the offence punishable under sections 323, 504 and 506 of the Indian Penal Code.

5. Learned counsel appearing for the applicants submits that, applicant No. 1 is an old aged lady and she is residing at village Nandapur, Tq. and Dist. Jalna for doing the agricultural operations and she is suffering from various ailments due to old age. He submits th