The court emphasized the need to carefully evaluate the prima facie evidence and special features of the case when considering the quashing of criminal proceedings under Section 482 of Cr.P.C.

JUDGMENT :

K.K. Sonawane, J.

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

2. The point of controversy in both the proceedings are centered on the issue of quashing and setting aside the criminal proceeding bearing Crime No. 150 of 2018 on the similar and identical facts and circumstances, therefore, both these allied proceedings are dealt with together for its decision on merit by this Common Judgment.

3. The petitioners-applicants preferred present application/petition 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. 150 of 2018 registered at Harsool Police Station, Aurangabad, District Aurangabad for the offence punishable under Sections 498-A, 323, 504 and 506 read with Section 34 of IPC as well as the criminal proceeding bearing Regular Criminal Case No. 1718 of 2018 filed pursuant to aforesaid crime.

4. It has been alleged on behalf of prosecution that the first informant – complainant Mrs. Jyoti Chaudhari, approached on 18-08-2018, to the Police of Harsool Police Station, Aurangabad, District Aurangabad, and ventilated the grievance that the petitioner- Vaibhav S/o Sukram Chaudhari (in Cri. WP No. 1299 of 2018) is her husband, whereas, applicants No. 1 to 3 (in Cri. Application No. 3818 of 2018) are the in-laws and brother-in-law of the complainant-wife respectively. The rest of the applicants are cousin brothers of husband of complainant. Her marriage was solemnized on 01-07-2017 with petitioner– Vaibhav. After marriage, complainant - wife joined the company of husband for cohabitation at Jamner. The spouses were residing in rented premises with in-laws and brother-in-law. After the marriage, inmates of matrimonial home treated her in proper manner for about two/three months. But, thereafter, the complainant - wife was subjected to mental torture by the applicant-mother-in-law on account of domestic work. The inmates of matrimonial home used to instigate the applicant-husband, which resulted into abusing and beating to the complainant-wife. According to complainant, whenever she had been to parents' home, she used to disclose her ordeals to the parents. But, they used to give understanding to the complainant-wife and send her back for cohabitation. The father of complainant also made endeavour to give understanding to the in-laws for proper treatment to the complainant, but all efforts found unavailing. It has been alleged that father-in-law was demanding Rs. Twenty Lakhs for purchasing the house property and motorcycle for the applicant-husband. They insisted the complainant-wife to bring the amount from her parents and on that count also she was being harassed and abused by the applicants. The father-in-law also used to advise the applicant-husband to keep the complainant-wife unfed until she satisfy the demand of money. He had also hurled abuses and given threats of life to the complainant. The applicants - cousin brothers of husband of complainant-wife also attempted to instigate the in-laws and husband against complainant and consequently, the complainant-wife had to face mental and physical torture at the hands of husband and other inmates of matrimonial home. According to complainant, her husband was on training at WALMI, Aurangabad, for a period of one month, and therefore, he left the complainant-wife at the house of her parents. But, at that time applicant-husband was taking suspicion on her character and abused the complainant and her parents. Eventually, she approached to the Women's Grievance Redressal Forum, but all her efforts did not evoke result. At last, she filed present report to the Police of Harsool Police Station for penal action against the applicants.

5. Pursuant to FIR, Police of Harsool Police Station, Aurangabad District Aurangabad registered the crime and set the penal law in motion. Investigating Officer recorded statements of witnesses acqu