Point of Law – Dowry Demand – Quash of FIR against husband relatives, they did not share the matrimonial home at any point of time.

JUDGMENT :

N.J. JAMADAR, J.

1. Rule. Rule made returnable forthwith and, with the consent of the counsels of the parties, heard finally.

2. This petition under Article 226 of the Constitution of India and section 482 of the Code of Criminal Procedure Code, 1973 (‘the Code’) is preferred to quash and set aside the FIR No. 274 of 2019, registered with Niphad Police Station, Nashik for the offences punishable under sections 323, 498-A, 504 and 506 read with 34 of the Indian Penal Code, 1860 (‘the Penal Code’), lodged at the instance of respondent No.2-frst informant.

3. The background facts leading to this petition can be summarized as under :-

(a) The marriage of Mrs. Rohini Vikas Matale (hereinafter referred to as 'the first informant’) was solemnized with Vikas Balasaheb Matale, who is an Advocate, by profession, on 18th June 2018. Petitioner Nos.1 to 5 and 7 claimed to be the relatives of Vikas. Petitioner No.6 is the friend of Vikas. The petitioners have been arraigned alongwith Vikas, his parents and brothers.

(b) The gravamen of indictment against the accused is that, within weeks of the marriage, there was marital discord as the first informant noticed that the accused No.1 used to surreptitiously speak with a girl on phone. Upon being confronted, accused No.1 gave evasive answers and assaulted the first informant. When the accused No.1-Vikas had came to her paternal home to fetch the first informant back, he asked her to demand Rs.10 lakh from her father to acquire an office for his profession. The first informant expressed her inability to make such demand citing the huge expenses incurred by her father for the marriage.

(c) After a couple of days of her return to the matrimonial home, the accused No.1, his parents and brothers abused and insulted her for not making the said demand. Enraged by the non-compliance of the demand, the accused No.1 dropped the first informant at her paternal home on 2nd November 2018. On 4th November 2018, her father and uncle brought her back to the matrimonial home and pacified her husband and in-laws.

(d) The first informant further alleged that the petitioner No.6-Prakash Shelke, the friend of the accused No.1 made a call to her father demanding the payment of Rs.10 lakh, lest accused No.1 would not allow the first informant to cohabit with him. When the first informant related the said incident to accused No.1, the latter assaulted her and made her to starve.

(e) On 9th November 2018, petitioner No.1-Sau. Mangala, her husband Ramdas-petitioner No.2, petitioner No.3-Gayatri, her husband Ganesh-petitioner No.4, petitioner No.5-Amruta and petitioner No.7 Sharad, the maternal cousin of accused No.1-Vikas allegedly came to matrimonial home of the first informant on the occasion of Dipavali and threatened her to bring the amount of Rs.10 Lakh from her father lest she would face the consequences.

(f) The first informant further alleged that on 2nd January 2019, accused No.1-Vikas, his parents and brothers harassed her over her failure to met the demand of Rs.10 Lakh and she was turned out of the matrimonial home. She went to her paternal home along with her uncle Rangnath Date.

(g) On 9th January 2019, a meeting was held at the matrimonial home, in which relatives from both the sides were present. The first informant alleged that the accused reiterated demand of Rs.10 Lakh. The accused No.1 allegedly assaulted her and her mother-in-law Jijabai and sister-in-laws Mangala, Gayatri, Amruta, petitioner Nos.1, 3 and 5, respectively, relieved her of the gold ornaments. The rest of the petitioners intimidated her father, uncle and other relatives and turned them out of her matrimonial home.

(h) Thus, the first informant approached the Women Security Cell, Adgaon, Nashik Rural and made a complaint. An attempt was made to resolve the dispute. However, husband-Vikas fatly refused to resume cohabitation. Alleging that on account of extra-marital relations, Vikas refused to cohabit with her, the first informant appro