The main legal point established in the judgment is that vague and general allegations without specific evidence against a relative, who stays separately from the matrimonial house, may amount to an abuse of process of law.

JUDGMENT :

RAJESH S. PATIL, J.

1. By the present application filed under Section 482 of the Code of Criminal Procedure, the applicant is praying for quashing and setting aside of the R.C.C. No. 821/2019 pending before the learned Chief Judicial Magistrate, Dhule [hereinafter referred to as ‘CJM, Dhule’] filed in FIR No. 344/2019, for the offences punishable under Sections 498A, 406, 323, 504, 506 r/w 34 of the Indian Penal Code.

1.1 The applicant herein is the sister-in-law of respondent no. 2-informant.

FACTS:

2.1 It is the case of respondent no. 2 in the FIR that the marriage between respondent no. 2 and Mayur Surendra Jaiswal was solemnized on 02.03.2017 at Nagpur. They have a male child, namely, Chirag, from the said wedlock.

2.2 It is further stated in the FIR that after the marriage respondent no. 2 was treated well for four days. She was living with her husband, maternal grand mother-in-law, maternal grand father-in-law, two maternal uncles and their wives and the children of maternal uncles. On 05.03.2017, when she had left for her parental home along with her cousin Ravindra, she had carried her luggage with her. She further stated that before leaving for Dhule, she had kept the golden ornaments in her luggage bag. The husband of respondent no. 2 along with his friends had dropped respondent no. 2 at Railway Station. Respondent no. 2 further stated in FIR that, when she reached her parental home, she checked her golden ornaments into the bag but she did not find the same. When she realized that her golden ornaments were stolen, she immediately registered complaint with the Police. Respondent no. 2 informed the said fact to her husband and his relatives but they had switched off their cell phones. Due to the said theft of golden ornaments, husband of respondent no. 2 and his relatives were disappointed with her.

2.3 Respondent no. 2 further stated in the FIR that, on 27.03.2017, her husband had come to receive her at Dhule and he had made an unlawful monetary demand of Rs. 30.00 lakhs to her parents. Her husband said her parents that he would treat respondent no. 2 with love only if the monetary demand is fulfilled otherwise he will seek divorce and respondent no. 2 be maintained by them and further abused them in a loud voice and took respondent no. 2 to Nagpur for cohabitation. Her sister-in-law used to abuse and beat respondent no. 2 on the count of theft of golden ornaments. The respondent no. 2 then said to her sister-in-law and her husband that she has filed a complaint with the police station and on receipt of golden ornaments, she will handover the said ornaments to them.

2.4 The informant-respondent no. 2 has further stated in the FIR that her husband has a business in the name of ‘Empire Beer Bar and Restaurant’ at Nagpur. Her husband always talks with unknown people. In June-2017, she realized that her husband used to talk with unknown lady. When she asked her husband as to the reason of talking with unknown lady, he said ‘bring the golden ornaments first and then ask’ and threatened her. Her husband used to abuse and beat her but respondent no. 2 had confidence that one day the things would get better and she was living on this hope. It is further stated in the FIR that, respondent no. 2 had informed about the said conversation of her husband with unknown lady to her maternal father-in-law. Respondent no. 2 had also informed about the ill-treatment and harassment to her parents and relatives.

2.5 Respondent no. 2 further stated in the FIR that, in June- 2017, she had conceived and her husband was not paying attention to her. When she gave birth to a male child, neither the husband or his relatives came to see her son at Dhule nor they enquired about it on phone. Respondent no. 2 further stated that when she went back to her matrimonial home, she learnt that her husband has been deserted and since then he lives in a rented room at Nagpur. Respondent no. 2 further stated in the FIR about the abuses and threatening lan